Legal Question in Family Law in Tennessee
Quick Claim Deed
My wife and I are in the process of a divorce and she ''says'' I a going to get the house and I want her to give me a quick claim deed before the divorce goes to court. If she does, would this be considered a legal document for me to refinance and for the register of deed, even though the divorce is not final? Thanks
1 Answer from Attorneys
Re: Quick Claim Deed
The term, by the way, is Quit Claim Deed. If your wife Quit Claims her interest in the house to you, the county register will record the deed. The finance company might let you refinance, but would likely require your wife to sign an additional document(s) since you are still married. If for some reason the divorce does not settle, you should not assume that the court will necessarily award the house to you even though she has signed a quit claim deed. As with all real estate questions as well as divorce questions, you should consult a lawyer and provide all the details before making any final decisions. If you are going through a divorce now, you should have legal counsel, so run this question past him or her. Best of luck.
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