Does interspousal transfer deed protect me from any liens?

ivaldivia1 · Joined: 05 Oct 2009 Posts: 1 1.36 Dollars($)

After a long separation, as part of the divorce settlement in 2009, I was able to keep my house, my atty filed an Interspousal Transfer Deed. I am now refinancing my home and the mortgage co is requesting another Grant Deed Afadavit, due to non existing vesting for my name, i.e, Jane Doe, a married woman. It only states my name and no vesting, so they say. My attny says its fine as is. Who's correct?
My main concern is ..does this Interspousal Transfer deed, protect me from any leins my husband may have incurred after we separated that I am not aware of and will the mortgage co make me pay them off?

jameshogg · Posted: Mon Oct 05, 2009 7:39 pm Post subject:

Hi ivaldivia,

If your husband has signed an inter-spousal transfer deed in your favor and declared the concerned property as yours, then his creditors will not be able to place a lien on that property. It would be considered as your sole property.

As your spouse has declared the property to be yours, I don't think the lender should ask for a grant deed. The inter-spousal transfer deed should be taken into consideration by the lender and allow you to refinance the loan.

Thanks

jheard · Posted: Tue Oct 06, 2009 12:17 pm Post subject:

Agreed. It is redundant to put a vesting on an inter-spousal deed. This deed should protect against your husband's creditors. However sometimes it is easier to just comply with the mortgage company rather than try and fight it.

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