# How to get STBXW off deed?



## Houstondad (Jul 6, 2011)

Ok. I spoke with my wife recently and she agrees that I can keep the house that we own. We just refinanced 8 months ago and there is practically no equity in the home. So the question is, how do I get her name of the deed? She tried telling me that her lawyer said something about signing something that will not make her responsible if I default on the loan, etc. but her name remains on the deed. WTF? Sounds fishy to me. I believe she can just sign a form that removes her from the loan/home all together?


----------



## 2nd_t!me iz_best (Feb 28, 2011)

you can do a quit claim deed, i believe that will get her off title but she will still be on the loans.


----------



## aug (Aug 21, 2011)

A quitclaim deed, as suggested by 2nd, seems to be the answer. 

I would strongly suggest that you fill out the quitclaim form, get her to notarize her signature. Make sure she stated in a separate letter that she is giving you her portion of the title and the corresponding benefits freely -- have her get someone to witness her signature, and the witness to sign also along with his/her address/contact info.

Do this first before you deal with the mortgage.


----------



## TNgirl232 (Oct 5, 2008)

Agreed - quitclaim.

This will not get her off the mortgage. The only way to do that is refinance in your name alone. It works like that with all loans. Which is why I still get calls when my Ex doesn't make his car payment....


----------



## calif_hope (Feb 25, 2011)

Hold on a bit people with the quick "quick claim deed" adivce - each state is different and Texas has some issues with "quick claim deeds".....

1. Correct, "quick claim deed" will not remove your STBXW from the mortgage.

2. The trouble with "quick claim deeds" in Texas is that they can create problems with obtaining valid Title Insurance if and when you decide to sell your property. 

3. In most states a novice can easily fill out and file a "quick claim deed" and solve whatever issue that required the need to file a "quick claim deed."

4. I would secure the help of a Realtor, they can, for a nominal fee help you file the "quick claim deed' correctly, and record the document correctly and to work with the Title Company.....in Texas, filing a "quick claim deed" is not for the amature as it is in many states.

INFO: Texas Realty Association 

The problem with insurability seems to stem from Texas Code § 13.001, Validity of Unrecorded Instrument. It basically states that an unrecorded conveyance is void as to a subsequent bona fide purchaser for value. But it goes on to state that an "unrecorded instrument is binding on a party to the instrument, on the parties heirs, and on a subsequent purchaser who does not pay a valuable consideration or who has notice of the instrument."

This statute is just plain scary, not only for title insurers, but anyone who takes title by gift or inheritance for no consideration. Such a grantee takes title subject to any previous conveyances to a third-party, whether or not that conveyance is ever recorded.

Essentially, if you take title for no consideration (as is usually the case with a quit-claim deed), you take title subject to any prior conveyances whether they appear in the public record or not. That "prior conveyance" could be a deed, or just as easily a mortgage or land contract that was never recorded.

Apparently, title companies in Texas are not willing to take on such a risk... and I can't say that I blame them. But given the fact that a quit-claim deed does convey whatever interest the grantor had, under Texas law the conveyance would be valid. The problem is how can you tell what interest the grantor had, if the law also recognizes the superiority of unrecorded conveyances?

It appears that Texas title companies have just adopted a policy of not recognizing quit-claim deeds (despite the fact they are valid in Texas). But what about interests that pass by certificate of transfer in probate? Or conveyances to trusts? Even if a standard deed is used, with no covenants of warranty... if there is no consideration, it would seem to be subject to the same risks as a quit-claim deed. Perhaps there are other laws, or tricks-of-the-trade, that Texas real estate lawyers can rely on to perfect title.


----------



## 2nd_t!me iz_best (Feb 28, 2011)

calif_hope said:


> Hold on a bit people with the quick "quick claim deed" adivce - each state is different and Texas has some issues with "quick claim deeds".....
> 
> 1. Correct, "quick claim deed" will not remove your STBXW from the mortgage.
> 
> ...


i believe here in TN, when i was considering doing this at one time, my ex wife had talked to an attorney about this and was told to avoid the same issues you speak of here we would have to put that she gave me a dollar amount, even $1.

you do ALWAYS need to check local laws and speak to an attorney.


----------



## 827Aug (Apr 27, 2008)

2nd_t!me iz_best said:


> i believe here in TN, when i was considering doing this at one time, my ex wife had talked to an attorney about this and was told to avoid the same issues you speak of here we would have to put that she gave me a dollar amount, even $1.
> 
> you do ALWAYS need to check local laws and speak to an attorney.


That's how it worked here when my dad gave me a piece of land to put a house on. Also, that is what I'm having to do to get my estranged husband off of the deed now. It's a way to get around taxes and document stamps as well (when it pertains to a marriage dissolution).


----------



## 2nd_t!me iz_best (Feb 28, 2011)

827Aug said:


> That's how it worked here when my dad gave me a piece of land to put a house on. Also, that is what I'm having to do to get my estranged husband off of the deed now. It's a way to get around taxes and document stamps as well (when it pertains to a marriage dissolution).


i believe, at least in some states, as long as it shows some amount of money changed hands. even a $1.


----------



## calif_hope (Feb 25, 2011)

The Texas issues is how the quick claim deed is recorded and the language of the recording with the Title Company...not a gift vs. purchase issue. 

Check local laws!


----------



## aug (Aug 21, 2011)

I suppose Hustondad is in Texas, right?


----------



## 2nd_t!me iz_best (Feb 28, 2011)

aug said:


> I suppose Hustondad is in Texas, right?


lol, most likely the houston area.


----------



## Sod (Aug 20, 2011)

To be clear, quit claim deed or not, the only way to get someone off of a loan is to pay the loan off or refinance. All the quit claim deed does is change the title and the bank wont care. You are both currently on the loan therefore you are both responsible for payment. No forms, letters or divorce decree will stop the bank for coming after her if you default.


----------



## Tall Average Guy (Jul 26, 2011)

2nd_t!me iz_best said:


> i believe, at least in some states, as long as it shows some amount of money changed hands. even a $1.


Check with a lawyer. Getting her off the mortgage (by refinancing) may be compensation enough for the quit-claim, as she gets the benefit of not being on the hook under a foreclosure. But as noted previously, check with a lawyer and make sure that any deed gets recorded ASAP!


----------

