Interspousal or Quit claim deed Washington state

Real Estate 3 views 3 answers
My wife wants to remove her name from the house title and give complete ownership to me. What is a good form to fill out ? Interspousal or QuitClaim deed ? Her name is also on the mortgage borrower's list although she does not work and has no contribution to the payments. How should i proceed ? Also, location to where I can find those forms will be helpful. We live in Washington State

Attorney Answers

3
Shawn Alexander ·
I agree with the previous answers if she signs the quit claim deed it would be possible, the mortgage company will not be so simple and they normally require a new agreement. In addition in a community property state this will be a complicated step tax wise and with respect to estate planning and should be taken very carefully. Good Luck
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Saphronia R YoungElder Law AttorneySeattle, WA ·
Your wife would need to execute a Quit Claim deed, but this will not remove her from the mortgage. She would need to obtain a Novation agreement from the mortgagee, and they do not provide them lightly. Although the forms are available easily, I would strongly suggest that you obtain an attorney to assist you with this for a variety of reasons. Failure to fill out the form correctly would leave this transaction vulnerable to challenge; you may be accidentally taxed; you may later be accused of having coerced your wife to do this against her will, etc. The cost now could well save you a lot of money and hassle in the future.
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Thuongtri Nguyen ·
I have never heard of an "interspousal deed" in WA. Chapter 64.04 RCW (CONVEYANCES) has the forms of deeds and what must be on the deeds. The statutes are at http://apps.leg.wa.gov/rcw/default.aspx?cite=64.04 . "she does not work and has no contribution to the payments" does not necessarily mean that she does not have a financial interest in the property since WA is a community property state. Each spouse has a financial interest in very paycheck of the other spouse. Signing a quitclaim deed does not necessarily remove the signing spouse's interest in the property. In a dissolution of marriage, the court has the power to divide all assets and debts, whether community or separate, in a just and equitable manner. Signing a quitclaim deed also does not remove her obligation under any loan document of which she is a borrower. You two should review the specific facts with separate attorneys to find out your respective legal options.
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