Can I instead quit claim deed use inter-spousal agreement in Kansas to transfer house w mortgage to my name from my spouse?

Q: If I submit evidence in a small c claim case , do I have to disclose how I obtained it?

See the full attorney answers on the linked page.

Q: If all writings and oral agreements are confidential in mediation then how is the Settlement Agreement relied on?

See the full attorney answers on the linked page.

Q: Can I marry my American fiance in the US with my B1/B2 visa?

See the full attorney answers on the linked page.

Q: If I get an Arizona Trademark can someone in another state get the same trademark in their state?

See the full attorney answers on the linked page.

Q: Can u tattoo in nebraska on family and friends if u dont charge

See the full attorney answers on the linked page.

Question

Can I instead quit claim deed use inter-spousal agreement in Kansas to transfer house w mortgage to my name from my spouse?

Anonymous · Jun 22, 2017 · 0 views

Business

We would like to file for divorce. We have two homes. One home was his personal property but he put me on deed and this home is paid off no mortgage. When I sign quit deed he would get this home. The other home I want to keep is with mortgage and when we bought it he was on the mortgage but he signed a waiver for waiving homestead. On the mortgage I am listed as mortgagor and it says married woman but my husbands name was not on it he just initialed everything for the purpose of waiver. Do I need to refinance my home or there will be no reason for it. Refinancing would increase my current interest rate and I bought with FHA loan. Fixed rate is below 3%. thank you in advance. Amra

Answer 1

Quit claiming property does not change the independent obligations arising out of a mortgage. Without reading a mortgage one cannot determine its legal obligations, as not all mortgages are uniform.

Answer 2

Only the promissory note liability is in issue. The person not being awarded is going to want to have their liability released which can be done by either selling the property and paying off the current note, refinancing the note in the name of the possessor of the property or depending on the lender and if they offer the program, apply for a release from liability on the note. The mortgage only secures the note but the financial liability is only on the note. The mortgage is basically collateral for the note.

Can I instead quit claim deed use inter-spousal agreement in Kansas to transfer house w mortgage to my name from my spouse?

2 Attorney Answers

AvvoProJames Franklin Freeman IIIConstruction / Development LawyerKansas City, MO

Joseph Weber