If my name is on the deed but both me and my husband are on the mortgage do I need a quit claim deed to remove his name from being part owner of the house

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If my name is on the deed but both me and my husband are on the mortgage do I need a quit claim deed to remove his name from being part owner of the house

My husband is about to go into a nursing home and I was told I should remove his
name from the house. When I checked at the recorder of deeds office I found out
only my name and my mother in laws name she’s deceased is on the deed. After
she passed away we refinanced the house and both his name and mine is on the
mortgage. Do I need to file a quit claim deed since his name isn’t showing on the
deed? Does it matter that his name is on the note?

Asked on July 29, 2019 under Real Estate Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

We think of deeds and mortgages together, since we not infequently get both together. But they are actually entirely separate in legal effect. The deed determines who owns the property; the mortgage determines who is obligated to repay the loan. You can be on deed and be on the owner without being on the mortgage and having to pay, and vice versa. If your husband is not on the deed, he is not an owner; you do not need to file a quitclaim, and indeed cannot--he does not have anything to quitclaim (any interest or ownership to give up) to you.


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