How do I sign over my house to my wife without having to refinance?

My wife and I are splitting up and with decreased valuation of the house, we are unable to refinance. What can I do to sign over the house to her?

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6 thoughts on “How do I sign over my house to my wife without having to refinance?

  1. You can quit claim the title over to her but that will NOT remove you from the loan. If you have a joint loan, the only way for you to get out from under it is to sell or refinance in her name alone.

  2. Need to have a lawyer draw up the terms under the divorce decree. YOu can always deed out the interest. (Warranty deed or deed of gift. quit claim is not right here) You will still be on the hook for the mortgage until she re-fis or sells unless you can get the bank to release you from the loan contingent upon the deed out; probably not happening.

  3. you can quick claim the deed but it doesn’t remove the financial responsibilty if she doesn’t pay the mortgage. look hard for financing. just saw today 30/fixed going at 5.15%. you can roll any costs of refi into loan.

  4. You can easily turn over full ownership to your wife via a simple quit claim deed, but I do NOT recommend doing so, since such an action will remove any interest ownership you may have in the property, while still holding you financially responsible for the mortgage contract.

    If you want to be removed from the mortgage, the ONLY way is with lender agreement (NOT going to happen) or via a full refinance.

  5. I’m a Realtor for the past 12 years. You can quit claim the house to her but, it does not release you from the deed to secure debt meaning, she would own the home and you would be responsible for paying the note. Some lender’s might have a problem with this if they find out and COULD call the loan due forcing you to refinance so, if your goal is to simply ADD her to title without refinancing then you can accomplish this without any problem from your lender by quit claim as well however, you would want to consider a JTWROS (joint tenancy with right of survivorship) which means that in the event you pass away, she would not have to go through probate court, title would automatically transfer to her upon your death. However, you mentioned you are splitting up which is very complicated. Personally, if I were in your shoes, and I HAD to give her the house but, couldn’t refinance due to the decreasing value, I would owner finance with a wrap around mortgage. Meaning, the both of you and your lender have an interest in title, you hold the deed to secure debt and she is basically financing it from you while you finance it from the first leinholder. You would definately need to seek the services of an attorney to accomplish this. For the sake of disclosure, I am NOT an attorney and I am only giving you advice as a licensed Realtor from my knowledge and practice of licensure through the Georgia Real Estate Commission. Good luck and Best wishes to you and your wife!

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  6. Okay, please EMAIL me directly with the answer since I’m busy taking care of my wife.

    Here’s the quick info. My wife is at “in home” hospice. Death could come at any time. Both of us have wills, giving full ownership to the survivor.

    My question, I have a “quit claim deed”. It HASN’T been filed. Question – do I need to file a quit claim deed or is HER will going to be enough?

    State is Georgia – County is Jackson

    Thanks in advance!

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