Will a quit claim deed allow me to keep my home without refinancing

My adult son and I are disabled but do not receive
disability. My husband has agreed on a reasonable alimony and
healthcare for us and he’s giving me the house. I can pay the
mortgage with my alimony but I would not be eligible for a
refinance. If he signs quit claim deed will I be able to keep
my home without a refinance?

Asked on January 8, 2019 under Family Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, you will not. The home may not be transferred without paying off the mortgage: if he tries to transfer it to you without paying the mortgage, the lender could void or undo the transfer as being fraudulent at to them--that is, as depriving them of their recourse to the property in the even of default. The loan needs to be refinanced or paid off.

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