Marital Separation

Get Legal Help Today

 Secured with SHA-256 Encryption

Marital Separation

I want to separate from my husband of 18 years. I can not afford to pay my mortgage note and rent for an apartment. Can I sale the house? We are both on the original deed; but I refinanced alone with a different lender. Is he still on the deed? Should I try to quit-claim the house to him? I live in Georgia. Divorce is not an option.

Asked on June 26, 2009 under Real Estate Law, Georgia

Answers:

Charlena Thorpe / Law Office of Charlena Thorpe, Inc.

Answered 11 years ago | Contributor

Unless and until your husband signs a new deed transferring his ownership in the property, he is still on the deed.  Thus, if you tried to the sale the house, you would need your husband's consent (i.e., he would need to sign the deed transferring his ownership in the property to the buyer).  You can verify whether your husband is on the deed by getting a copy of the most recently recorded deed from the county clerk’s office (court house) where the property is located.  Even if you conveyed ownership of the property to your husband via a quit claim deed, you are still responsible for the mortgage until your husband refinances the house in his name or the house is sold and the loan is paid off.  In fact, if you change ownership of the house, you can trigger a due on sale clause that may be in your contract with the bank.  If neither your husband or you will be occupying the house, you should consider other options to generate cash flow on your property such as a lease-option.  If both your husband and you want to sell the house, you should consider a short sale option to possibly sell the house quicker.

Charlena Thorpe / Law Office of Charlena Thorpe, Inc.

Answered 11 years ago | Contributor

Unless and until your husband signs a new deed transferring his ownership in the property, he is still on the deed.  Thus, if you tried to the sale the house, you would need your husband's consent (i.e., he would need to sign the deed transferring his ownership in the property to the buyer).  You can verify whether your husband is on the deed by getting a copy of the most recently recorded deed from the county clerk’s office (court house) where the property is located.  Even if you conveyed ownership of the property to your husband via a quit claim deed, you are still responsible for the mortgage until your husband refinances the house in his name or the house is sold and the loan is paid off.  In fact, if you change ownership of the house, you can trigger a due on sale clause that may be in your contract with the bank.  If neither your husband or you will be occupying the house, you should consider other options to generate cash flow on your property such as a lease-option.  If both your husband and you want to sell the house, you should consider a short sale option to possibly sell the house quicker.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption