Marital Separation
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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 14 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 14 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.
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