Quitclaim after refinanace

[bologna1]

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

Hello, I live in NC and my wife and I had purchased a house together in 2007. We were both on that mortgage and deed. However we are now recently separated and we agreed I would get the house so I refinanced the house to put it in my name only. However since we were still married my wife was required to sign some documents because she has a marital interest in the home. So as it stands now the mortgage note is in my name only however the deed has both of our names.

My question is can we fill out and sign a quitclaim deed where she grants sole ownership in the house to me without refinancing again?

Thank you!

 

[LdiJ]

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

Hello, I live in NC and my wife and I had purchased a house together in 2007. We were both on that mortgage and deed. However we are now recently separated and we agreed I would get the house so I refinanced the house to put it in my name only. However since we were still married my wife was required to sign some documents because she has a marital interest in the home. So as it stands now the mortgage note is in my name only however the deed has both of our names.

My question is can we fill out and sign a quitclaim deed where she grants sole ownership in the house to me without refinancing again?

Thank you!

Yes, you can.

 

[justalayman]

Are you getting divorced? If not she will acquire a marital interest in the property regardless of the ownership.

 

[bologna1]

Are you getting divorced? If not she will acquire a marital interest in the property regardless of the ownership.

Yes we are getting divorced. We are just working on getting things divided up according to our separation agreement.

 

[latigo]

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

Hello, I live in NC and my wife and I had purchased a house together in 2007. We were both on that mortgage and deed. However we are now recently separated and we agreed I would get the house so I refinanced the house to put it in my name only. However since we were still married my wife was required to sign some documents because she has a marital interest in the home. So as it stands now the mortgage note is in my name only however the deed has both of our names.

My question is can we fill out and sign a quitclaim deed where she grants sole ownership in the house to me without refinancing again?

Thank you!

If it were the reverse, yes. However, historically the courts carefully scrutinize inter-spousal transactions in which the wife divests herself of marital property in favor of the husband with mistrust. Especially when there is an absence of quid pro quo, i.e., fair consideration. Woman's lib has yet to become fully imbedded in American jurisprudence.

Doing a bare quitclaim deed may satisfy the prospective lender, but not necessarily the courts should she subsequently attempt to void the transfer claiming coercion and adhesion.

Best that she have the written approval of independent profession counseling. Meaning not your attorney, but hers.

 

[bologna1]

If it were the reverse, yes. However, historically the courts carefully scrutinize inter-spousal transactions in which the wife divests herself of marital property in favor of the husband with mistrust. Especially when there is an absence of quid pro quo, i.e., fair consideration. Woman's lib has yet to become fully imbedded in American jurisprudence.

Doing a bare quitclaim deed may satisfy the prospective lender, but not necessarily the courts should she subsequently attempt to void the transfer claiming coercion and adhesion.

Best that she have the written approval of independent profession counseling. Meaning not your attorney, but hers.

Yes, she has agreed to me that the quitclaim sounds to be the best solution for our situation provided her attorney approves as well. However considering this is an amicable divorce and the separation agreement we drew up already has the division spelled out to both our satisfaction I do not forsee why the court would suggest otherwise.