Legal Question in Family Law in Washington
Dissolution & house transfer
In the case of a dissolution, a husband wants to give the house up to the wife. Can he absolve himself from the payments on the house and quit deed it over to her?
1 Answer from Attorneys
Re: Dissolution & house transfer
The parties can do an allocation of the property and associated in debt in the the decree and then do a quit claim of interest in the property to the other spouse. This does not release the party giving up the property of the obligation under the mortgage (that requires doing a deal with the mortgage company, i.e. refinance). I advocate to my clients that if they are giving up their interest in the property that they get a fixed date for a refinance and consider not quit claiming until the the refinance is in process and their quit claim deed becomes part of the escrow in the refinance.