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

UPDATED: Oct 1, 2022

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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 3 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.

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.

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