Legal Question in Real Estate Law in Washington
quit claim deeds and deed of trusts
If I am married and sign a quit claim deed to remove my name from the property, do I also need to sign the deed of trust when refinancing the same property?
1 Answer from Attorneys
Re: quit claim deeds and deed of trusts
I'm going to have to presume that you are subject to the mortgage presently.
Washington is a community property state. Real and personal property is presumed community no matter what the title says, in the absence of specific directives making the property separate. And title is irrelevant.
If you quit claim your interest to your spouse, you must also address your obligations under the deed of trust (assuming there is a deed of trust).
Depending on your spouse's creditworthiness, the bank might react badly.
If your spouse is re-financing to get your name off the mortgage, then theoretically you don't have to sign the deed of trust. But the Bank will want to see the quit claim.
Hope this helps. Powell