Ownership and quit claim deed

[diamond20]

What is the name of your state (only U.S. law)? PA

I am in the process of separating from my husband. We own a house and both of our names are on the mortgage and on the title. I want him to sign quit claim deed to remove him from ownership. He does not want the house but I do and he is willing to contribute to mortgage for the sake of our child. He agrees to sign any papers necessary.

My husband is not very stable so I'd rather have full ownership of the house so that our son and I would have a place to live. Is filing quit claim deed is enough?

What is the difference between someone beeing on the deed and on the loan. Can someone please help?

 

[nextwife]

What is the name of your state (only U.S. law)? PA

I am in the process of separating from my husband. We own a house and both of our names are on the mortgage and on the title. I want him to sign quit claim deed to remove him from ownership. He does not want the house but I do and he is willing to contribute to mortgage for the sake of our child. He agrees to sign any papers necessary.

My husband is not very stable so I'd rather have full ownership of the house so that our son and I would have a place to live. Is filing quit claim deed is enough?

What is the difference between someone beeing on the deed and on the loan. Can someone please help?

Are you planning to refinance him off the mortgage? Is there equity in the property that he is entitled to share?

You really should not expect anyone to take their name off ownership if they still remain liable by being on the mortgage. You can have him sign the quit claim at the refinance.

 

[diamond20]

I don't know if I can refinance him off the mortgage now. There is really no equity in the house, we just recently purchased the place.

Also i was also wondering if he can borrow money under the house. I know my friend's ex-husband borrowed money under the house and he borrowed over 50K and now she is also responsible for paying it off. I just don't want to be in similar situation

P.S. The main question is how can I ensure I am the only owner who has rights to the house so that no one can take it away. i am paying mortgage alone at this time and I want to make sure no one can screw up my life and my child's life

 

[latigo]

What is the difference between someone being on the deed and on the loan/(mortgage)?

I think under the circumstances your question is –

“Can your estranged husband be on the mortgage note and yet have his named removed from the record title by deeding his interest in the property over to you?"

And the answer is yes. It regularly occurs in divorce decrees where the family home is awarded to one spouse as his or her sole and separately property free of any claim of the other spouse. And it can be accomplished outside of family court by one party deeding to the other. IF DONE PROPERLY!

But having the sole ownership of the home placed in one spouse’s name and the other’s name removed from record ownership doesn’t affect the rights of the mortgage holder. If they are both on the mortgage note, then they remain jointly and severally obligated.

However, if this is the plan, then I strongly suggest that you consult with a Pennsylvania based attorney familiar with the state’s marital property laws.

The purpose being to make sure that the declarations in the intended deed (which he or she might recommend as a gift deed) clearly expresses that his interest is being conveyed as your sole and separate property.

And importantly that it is not made upon the condition that you are assuming the mortgage indebtedness and agreeing to hold him harmless.
______________________

You are at a critical crossroads here. Make sure that you end up with what you expect out of the transaction. All to often people in your position acting without professional help don’t.