Legal Question in Family Law in Arizona

quit claim deed and divorce

I'm getting a divorce, my husband is keeping the house and will buy out my share of the equity. Can I sign a quit claim deed to take my name off the house and mortgage?

Asked on 5/22/08, 9:34 pm

2 Answers from Attorneys

Monica Donaldson Stewart Donaldson Stewart, P.C.

Re: quit claim deed and divorce

When you sign a quitclaim deed, it will take your name off of the title to the house, but it will NOT take your name off the mortgage. In order to do so, your husband must contact the mortgage company to figure out what refinance options are available to him to secure the loan in his name and remove yours.

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Answered on 5/23/08, 12:50 pm
Rich Peters R. J. Peters & Assoc., P.C.

Re: quit claim deed and divorce

You can, but you should be careful about "waiving your interest" (which is the effect of the quitclaim Deed) without having a full and final written agreement as to what equity you are receiving and when you'll receive it.

We can absolutely help.

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Please call me directly to discuss the specifics of your case, or contact my assistant Tasha or my paralegal Jennifer to schedule a free 1/2 hour consultation.

/s/ Rich J. Peters, Attorney



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Answered on 5/23/08, 1:55 pm

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