Full question:
My wife and I have been seperatated for over three years. We have not taken any legal action on seperation or divorce. She and our minor children are still living in the house that we lived in while married. She is making the mortgage payments on her own. She needs to have the roof replaced and has contacted social services that will do the work for free - provided her name is the only one mentioned on the mortgage. They told her I need to _quick deed_ (or is it _Quit deed_) the property to her so that my name can be removed. She was also told something similar by the mortgage company. I need to know what, if any, form(s) that I need to purchase from your organization to complete this task. I am living in Idaho, she in Washington State.
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: Washington
Answer:
I am prohibited from giving legal advice, such as recommending a particular form. The answer will depend on the names that are on the current deed. For example, when only two spouses are named on a deed, the property is held as joint tenants or tenants by the entireties, depending on the wording in the deed. When one of the spouses then wishes to transfer the deed to the name of only one spouse, it is a transfer from a husband and wife to an individual. If only one spouse is named as the sole owner, it is a transfer from one individual to another
individual.
Requirements for deeds are governed by the law of the state where the property is located. The deeds offered by USLegalforms comply with the laws of each state. Therefore, a property located in Washington state should use a deed that is created according to the laws of Washington.
Be aware that ownership of the property is separate from liability for a mortgage payment. By transferring property into a single individual's name, that person becomes sole owner of the property. However, unless the name of the person transferring the property is also removed from the loan on the property, that person may still be liable for payments, despite no longer being an owner.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
