Posted on: 27th Aug, 2008 08:12 am
my soon to be ex-husband has decided to sign a quit claim deed to the house. the first mortgage has been refinanced in my name only. the home equity line in still in both of our names. equity is minimal. if he signs this quit claim deed would he have rights to the house during the final divorce procedures?
Hi bailey.
Welcome to the forum. As you have refinance the mortgage on your name, your husband can quitclaim to you and after quitclaiming his share of the property to your name, he cannot claim the home equity or the property back. But if he has not signed the quitclaim deed still now then he can claim his share of the equity or he can ask you to buy him out.
Feel free to ask if you have further questions.
Best of luck,
Larry
Welcome to the forum. As you have refinance the mortgage on your name, your husband can quitclaim to you and after quitclaiming his share of the property to your name, he cannot claim the home equity or the property back. But if he has not signed the quitclaim deed still now then he can claim his share of the equity or he can ask you to buy him out.
Feel free to ask if you have further questions.
Best of luck,
Larry
if he sign a quit claim deed to tansfer his property to you, then ,he will lose the ownership to the property. But if he can prove that the quit claim is invalid, or he was intimidated to sign the quit cliam, he will demand to hold this property again. In addition, if he not only sign a quit cliam, but also sign a life estate, he can own the property all the same, utill he is dead.When your ex-husband sign this quit claim deed, you should record the process, which is a effective prove.