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Should Ex be required to sign a QCD?

Kirkland, WA |

PSA states "husband shall be awarded as his sole and separate property,free and clear of any claims of wife and wife hereby conveys,quit claims and relinquishes and releases unto husband all of her right title and interest in and to the following 1. House....." Her attorney is saying they wont sign unless her name is removed from the mortgages. This is not in the PSA as far as I can tell.

Attorney Answers 3


  1. You, presumably, have an attorney. What does your attorney say regarding what the court orders you and the former spouse to do?

    It would be unusual that you are not ordered to refinance the mortgage or do something else to remove the former spouse from liability to an asset awarded to you.

    The court is unlikely to require the former spouse to make herself not an owner of a property for which she is fully liable.


  2. You need to consult with an experienced family attorney, who will review the PSA and court orders, and interview you before rendering advice. It will boil down to what the court believes the parties intended by the language of the PSA. See my AVVO Legal Guides on division of assets and debts for more information about the legal issues raised by your inquiry. Please keep in mind that although my AVVO Answers and Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. There are always exceptions to the general rules. To find my Legal Guides, click on my photo. On my AVVO home page click on "Contributor Level - View Contributions" or scroll down further and click on "Contribution - Legal Guides." Scroll down the list of my 32 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful” or “best answer”. © Bruce Clement

    ©Bruce Clement. This AVVO Answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this Answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.


  3. Usually, if one party is awarded the house, then the other party signs a QCD but the first party would also agree to refinance the house to get the second party off the mortgage. If the person who wants the house cannot afford to refinance, then the house should be sold and the equity divided between the parties. If both parties were represented by counsel, then this is something that should have been discussed beforehand and addressed in the PSA.

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