How do I go about removing my name from the house once I receive the equity from the house? 12 Answers as of November 27, 2013

I am divorcing my husband and I'm am keeping the equity from the house and he is keeping the house. How does he go about refinancing (giving me the equity) when my name is on the house? He will be financing based upon his own income, not any of mine. I want no interest/liability in the property once I receive the equity. Can this be done before we are divorced? If so, how do I remove (sign off) my name from the property? Thank you.

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The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
In Arizona, and generally speaking, you would do this by your signing a quit-claim deed to him, which would be recorded at the same time he is obtaining the funds for the refinance. The escrow instructions should provide that whatever the amount of money you are to receive from the refinance is paid directly to you. You might also have to sign a community property disclaimer deed assuring the property is only in his name. You should be sure to have your interest protected by consulting with an experienced family law attorney, and a relator.
Answer Applies to: Arizona
Replied: 11/25/2013
Zarbano Law Office | Margaret Zarbano
You don't sign the Quitclaim Deed on the property unless there is a documented agreement. The Decree must state that he is to refinance the mortgage soley in his name or sell within a reasonable amount of time, 6-9 months.
Answer Applies to: Nebraska
Replied: 11/25/2013
McManaway Law, LLC | Karen McManaway
He will have to refinance the home and you can do a Quitclaim deed. Generally the bank doing the refinance will help you with the deed.
Answer Applies to: South Carolina
Replied: 11/25/2013
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
Contact a Lawyer who does real estate law and I am sure there is a way to do it.
Answer Applies to: Georgia
Replied: 11/27/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You will give him a quit claim deed. I don't know if they will do this, but if I were you, I would execute the quit claim deed and give it to the escrow company. Upon his obtaining the refinance and you get your money, the quit claim would be recorded by the escrow company.
Answer Applies to: Idaho
Replied: 11/25/2013
    Law Office of Annette M. Cox, PLLC
    Law Office of Annette M. Cox, PLLC | Annette M. Cox
    You should be able to sign a quitclaim deed to him upon closing of the refinance. If you do this prior to a divorce, you will want to be sure that your agreement is documented in writing, and that you are keeping a certain amount of money as equity and payment for your interest in the home, and you are waiving any remaining interest in the home. I would suggest that you consult an attorney about this and having a settlement agreement drawn up.
    Answer Applies to: Arizona
    Replied: 11/25/2013
    Law Offices of Frances Headley | Frances Headley
    You do it as part of the refinancing escrow. If you have any questions, consult a family law/real estate attorney for assistance with the paperwork.
    Answer Applies to: California
    Replied: 11/21/2013
    John Russo | John Russo
    No bank will refinance the property without one of two things, 1. Your signature , which you won't do because, if you do, you will now be liable for the money you will then receive, or 2. At the time of closing on the refinance via quit claim deed. Don't deed until closing banks deal with this all the time, so if he claims the bank wants the deed first, (B/S) as long as it is done at the closing you are fine.
    Answer Applies to: Rhode Island
    Replied: 11/21/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Before you do anything, please talk to a divorce attorney in your area. This is serious. These legal issues will affect you and your family for many years. You may cause great harm to yourself and your children, and may lose a lot of money, if you do the wrong thing.
    Answer Applies to: New Jersey
    Replied: 11/21/2013
    Law Office of Robert E McCall | Robert McCall
    You really need to talk to your attorney about these mechanical issues.
    Answer Applies to: Florida
    Replied: 11/21/2013
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    To properly complete the house division, you should get your equity share and your name should be removed from title and the loan. The lender would typically require your husband to refinance the loan so your name can be removed.
    Answer Applies to: California
    Replied: 11/21/2013
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