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  1. #1
    Join Date
    Jul 2006
    Location
    Michigan
    Posts
    19

    Default Quit claim deed

    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.

  2. #2
    Join Date
    Jun 2006
    Location
    Practicing in Los Angeles, California
    Posts
    411

    Default Re: quit claim deed

    Quote 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

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: quit claim deed

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

  4. #4
    Join Date
    Jul 2006
    Location
    Michigan
    Posts
    19

    Default Re: quit claim deed

    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?

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: quit claim deed

    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.

  6. #6
    Join Date
    Jul 2006
    Location
    Michigan
    Posts
    19

    Default Re: quit claim deed

    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?

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