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Impact of quitclaim deed signed at refinancing

Posted on: 31st Jan, 2009 01:39 pm
sorry for the length, but i want to give you as much information as possible. my husband and i live in california and are currently reviewing refinance loan documents. when we first started the whole process of refinancing, our mortgage broker suggested that we get a loan in my husband's name only since he has a better credit score. my husband informed him that would be fine as long i did not lose interest in the house and we were told that i wouldn't. however, in reviewing the loan documents now that we're in escrow, i am being asked to sign a deed transfer giving up my interest int he house, including any under community property law. since the house was originally purchased with the down payment funded by my inheritance, i have contributed steadily to payments for, was on papers for prior refi while still employed (but part-time),and money for closing costs (under $10k) this time were gifted to us by my parents, we both are hesitant about doing this. from what we've read, we can get my name back onto the title within days of the loan funding by my husband using a quitclaim to put me back on. despite loan terms, we've been told that the lender could not accelerate the loan since it's a transfer to a spouse, protected by federal law. however, we are concerned about the tax implications since in essence i would first be gifting my half to him and then he would be gifting me half back. since the house is valued over $500k, would this mean that approx. $250k would go against each of our lifetime federal gift exemption limit? we have a daughter still in elementary school and are concerned that this would inhibit our ability to help her financially in the future, or that this could significantly impact future estate planning.
Hi Julherberg,

Welcome to the forums.

Since you have contributed towards the mortgage payments and have your name on the title, therefore under community property laws, you have an interest in the property. The lender wants you to give up the interest so that only your husband or the person refinancing can have his name on the title.

The lender doesn't want you to own any share of the property. This is because if your husband refinances the loan in his name though the deed may have both of your names, it will be difficult for the lender to take away the house in case your husband defaults on the loan. This is because you're also a co-owner of the property.

Even after the refinance, you can get back your name on title. But what if the lender doesn't allow? Not all lenders allow title transfer if there's a mortgage on the property.

Regarding tax consequences, please check out a previous discussion on gift tax.

Take care
Posted on: 02nd Feb, 2009 03:02 am
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