How Do I quitclaim a property so that my husband’s name appears on a deed?

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My mother is co-signing on a loan with me for my husband and I. Previously, we had 3 houses. Two were rental houses and 1 was our personal home. We sold our home in order to have our dream home built. Because all of our debt was in my husband’s name, it made it difficult to get a mortgage loan with he and I together. My mother co-signed on the loan for me. What we want to do is, once we are done building and have moved in, we want to do a quitclaim to remove my mother’s name from the deed. Later, when we re-finance, we will refinance with my husband’s name on the loan instead of my mother’s. This is my idea, but how do I do it? What is my first step?

1 Comment
  1. Reply
    Real Estate Guru
    May 1, 2011 at 7:58 am

    Your mother would be a fool to allow such an action and no attorney will advise her to do so.

    When she co-signs, she also has a legal right to maintain her portion of legal control over the property b/c she is equally responsible for the loan. After all, if your husband defaults, she is legally obligated to pay 100% of the mortgage and if she quitclaims her name off, she loses her right to force the sale of the home in a court of law if you and your husband can’t pay it and she doesn’t want to.

    I also think it would be not only selfish, but inappropriate to ask her to do so.

    You can do it when it’s in your husband’s name when you refinance.

    You can’t do it without her signature.

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