is there any way for me to take my name off the deed of a house w/o getting my husband involved?

Question

my husbands name is not on the deed. my brothers and sisters are i just want no part of it.

my name is not on the mortgage

i want my name off the deed, but he doesn't want me to take my name off. he has no ties to htis house, i do.

Answer 1

***Updated: Even though your husband is not on the deed, he may have a right to inherit your portion in the event of your death under state laws. If he fails to sign off on the deed that creates a "cloud" on the title, and clear title can not therefore be conveyed even to siblings. That will in fact apply to ALL your married siblings.

Why not just sell your portion to the family at a steal of a deal price, or sell the house and divide the net? You may create excess gift tax issues for YOU depending upon the value of the house if you simply quit claim it. The gift tax limits are $11,000 annually per person. You really need an attorney, not this forum as you are revealing more and more. An attorney will be able to ask and answer questions and get the whole story from you safely and in confidence. You stand to have far more issues than just quit claiming the deed.

Original reply:
Sure you can "quit claim" the deed, record it at the court house BUT if you are also on the mortgage, it is a real bad idea to quit claim. You will still owe the mortgage and, if he stops making the payments, if the lender can not locate him they go for you. The late payments or foreclosure also show up on YOUR credit record. At least with your name on the deed you still have some protection against fraud, and he can not get more mortgages against it w/o your signature.

If things are bad between you, you need legal advice. See an attorney fast.

Answer 2

If you want to take your name off the property you can do so without your spouse OK or approval as his name is not on the deed or mortgage. I can only surmise that the property was inherited.

It is perfectly legal to quit claim your portion of the property to someone else. You have to figure out what portion goes to each person left on the deed. Quit claiming is also very inexpensive, as the cost to do it at the courthouse is approximately $30-$50 in most counties, some are cheaper, however to do it properly you should have the quit claim take place at a title company, thus ensuring the title. The cost for this is approximately $150-$200 and is well worth the expense. So for what ever it is worth do it in this manner. You will be able to find a title company in your local telephone company or get a referral from a local real estate agent or loan officer.

I hope this has been of some use to you, good luck.

"FIGHT ON"

Answer 3

OK, you're saying that your brothers, sisters, and you are all on the deed? If so and you want off the deed, just have an attorney draw up a quitclaim deed giving your share equally to your siblings. This shouldn't cost much, less than $200.00 in most parts of the country.

Your husband has no say in this since he's not on the deed. If he has any contact with your siblings he's likely to find out. You'll have to deal with any fallout from that yourself but he has no legal standing to block you.

Answer 4

You can do it yourself. Get a fill-in-the-bland Quit Claim Deed from a stationery store, and fill in the blanks. Get a copy of the current deed to the house so you can copy the legal description and the exact names of your siblings, then get it notarized.

Then record the deed at the county court house and give copies to your siblings.

Cost probably less than $25 including the cost of recording the deed.

This has nothing to do with forging any signatures and is totally legal.

Answer 5

You need to check with an attorney for the specifics related to the state in which you live and in which the house is located.

Generally a quit-claim deed is all that is necessary, (as long as it is notarized and filed with he city or county clerk's office) however you would need to check with the attorney. The other issue is wether the state in which you reside with your husband is a community -property state. This entitles him to half of what is yours. This also works in the opposite direction as well. - what he owns is also half yours.

A few well worded questions to an attorney will set you straight. The cost for this depends on the attorney but you should have an answer for either free or for under a hundred.

Answer 6

So you're not on the mortgage and your husband is not on title? No problem. Go to an office supply store or online and find a Quit Claim Deed. Sign your interest over to your siblings. Your husband can't stop you and never even has to know.

Rick Lanicek
www.primelendingonline.com

Answer 7

If the only persons on the deed are you, your brother and your sister, then your husband is not infact involved in this transaction at all. You can go to an attorney and ask them you want a Quitclaim Deed, that means you are getting out of title and only your brother and sister are staying in title only.

Answer 8

Do a quick claim deed..take it to a real estate attorney and they can notarize it... get it recorded with the county court house.. make copies. Easy as that. Good luck!

Answer 9

Something is fishy. How can your name be on the deed and the property be mortgaged without your permission?

Answer 10

If his name is not on the deed and it is not your marital home, all you have to do is Quitclaim your interest to your brothers and sisters. For example, if you are one of four siblings, you would Quitclaim your 1/4 interest inthe property to them.