Quit claim deed

bob1234 · #1 07-01-2006, 05:55 AM

Ive been married for 3 yrs in michigan, I purchased my home before I was married to my wife (approx. 1 yr) we married but she never worked. I in the process of refinancing my home. her income is not being considered for the refi due to her not working. Her name is on the mortgage (earlier refi) in case something happened to me. I can remove her from the this NEW refinance which would negate her responsibility to pay the debt. If she signs a quitclaim deed can she still sue me for the property later in court? also, she has left the home for the second time. ( not sure if michigan has an abandonment law). she wants the seperation to be nice along with the divorce but we all know how things change. any advie? we have 3 kids, twins turn 3 on july 4th and a 15week old involved as well.

IAAL · #2 07-01-2006, 06:15 AM

Quoting bob1234

Ive been married for 3 yrs in michigan, I purchased my home before I was married to my wife (approx. 1 yr) we married but she never worked. I in the process of refinancing my home. her income is not being considered for the refi due to her not working. Her name is on the mortgage (earlier refi) in case something happened to me. I can remove her from the this NEW refinance which would negate her responsibility to pay the debt. If she signs a quitclaim deed can she still sue me for the property later in court? also, she has left the home for the second time. ( not sure if michigan has an abandonment law). she wants the seperation to be nice along with the divorce but we all know how things change. any advie? we have 3 kids, twins turn 3 on july 4th and a 15week old involved as well.

My response:

You said that "Her name is on the mortgage (earlier refi)." But, is her name on the Deed of Trust, too? If her name is not on any title documents, then who is telling you that she needs to sign a Quit Claim Deed?

IAAL

aaron · #3 07-02-2006, 10:36 AM

I believe he is concerned about her dower rights under Michigan law.

bob1234 · #4 07-02-2006, 01:21 PM

I'll have to check the title to see if she's on it. she claims she doesnt want anything to do with the home. (profit, sales, buyout, etc). Im just trying to cover my butt in case she changes her mind later. A friend advised me to have her sign a letter, (witnessed and notorized) with her stating she doesnt have nor want any financial interest in the home, I guess it would be the same as borrowing money and signing a promisary note. would this hold up in court? is there a document I could have written that is legal and binding?

aaron · #5 07-03-2006, 03:40 PM

There is no guarantee that a court will uphold any particular post-nuptial agreement relating to marital assets. If you do wish to try that, I would suggest having the contract drafted by a family lawyer.

bob1234 · #6 07-04-2006, 05:19 AM

her name is on the title, if she signs a quit claim will that remove any later recourse if this ends in divorce? or can she still make me buy her out or sell the home? The home was purchased by me 1 year before we were married, when we refinanced, she put her name on the mortgage (I guess in case something happened to me). If she refuses, is she responsible for the mortgage payment as well as I?

jk · #7 07-08-2006, 03:36 AM

What are Dower Rights?
Michigan is a dower rights state which means that a married woman has an equal interest in any property owned by her husband, regardless of when the property was acquired or whether she is specifically named on the deed. For this reason, married men cannot acquire property in their name only if they are doing so with new mortgage financing, inasmuch as the lender will require the wife's signature and name on the deed to perfect their lien. A married woman may acquire property in her name only.

That is from: http://www.weirmanuel.com/buySellFAQ.php#q10

It gives a concise view of dower rights. Now, if I remember correctly and without further investigation, I believe that a woman cannot release her dower rights in Michigan based upon statute.

Concerning the mortgate: both of you will be equally liable for the motgage until the finance company releases one of you from it. Now about the only way this is going to happen is if the current mortgage gets paid in full. i.e. refinanced. Even if you refinanced without your wifes name on the mortgage or deed, she still retains dower rights.

bob1234 · #8 07-09-2006, 12:31 PM

this is part of what the quick claim deed states: Does this protect my home?
Grantor relinquishes all past, present and future rights, title and interest in subject property, including homestead and/or dower rights and any future divorce lein rights.. Grantor executes this instrument with full understanding of the conquences of his/her act and does so free of duress.
d?or can she still sue for dower rights if we get divorced?

bob1234 · #9 07-10-2006, 07:06 AM

OR, what if she (my wife) signed the title and I signed the title over to my parents therefore I would not legally own the home? Is that an option?

aaron · #10 07-10-2006, 07:12 AM

You seem pretty convinced that you are going to be getting divorced....