Should Ex be required to sign a QCD?

Asked 6 months ago - 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. Thuong-Tri Nguyen

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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. Bruce Clement

    Pro

    Contributor Level 19

    Answered . 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... more
  3. Andrew Y. Kim

    Contributor Level 14

    Answered . 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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Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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