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Separating : procedure to re-title house

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necwo

Junior Member
What is the name of your state?What is the name of your state? MD

My wife and I have decided to separate in a few weeks and will get a divorce after one year. She has chosen to move out of the house soon and will release all interest on the house to me. We have owned the house for less than one year. I will be seeking an attorney to draft a marital property settlement soon but for my knowledge, I would like to know the correct procedure to re-title the house to my name only. Is the following correct ?

1. Ask an attorney to draft Quit Claim Deed for us to sign and notorize. Then do I have to go through a title attorney to record it with the county ?

2. Seek approval from mortgage company to release my wife's name from the loan and make me solely liable for it. Is this something I need to do myself or do I need to go through an attorney for this and what kind of attorney ? Assuming that my income will more than qualify for the existing loan, will the loan be due-in-full because of a transfer of title and I have to re-qualify or re-finance ?

3. Do I need to file Real Estate Excise Tax Affidavit with the county or do I need to go through an attorney for this ?

4. What other steps do I need to take to properly transfer the title to me ?

I know I need help from an attorney but I just wanted to get some basic ideas.
Thanks
 


LdiJ

Senior Member
necwo said:
What is the name of your state?What is the name of your state? MD

My wife and I have decided to separate in a few weeks and will get a divorce after one year. She has chosen to move out of the house soon and will release all interest on the house to me. We have owned the house for less than one year. I will be seeking an attorney to draft a marital property settlement soon but for my knowledge, I would like to know the correct procedure to re-title the house to my name only. Is the following correct ?

1. Ask an attorney to draft Quit Claim Deed for us to sign and notorize. Then do I have to go through a title attorney to record it with the county ?

2. Seek approval from mortgage company to release my wife's name from the loan and make me solely liable for it. Is this something I need to do myself or do I need to go through an attorney for this and what kind of attorney ? Assuming that my income will more than qualify for the existing loan, will the loan be due-in-full because of a transfer of title and I have to re-qualify or re-finance ?

3. Do I need to file Real Estate Excise Tax Affidavit with the county or do I need to go through an attorney for this ?

4. What other steps do I need to take to properly transfer the title to me ?

I know I need help from an attorney but I just wanted to get some basic ideas.
Thanks
You will have to refinance the house into your name only. Your wife would give you a quit claim deed and it would be recorded by the title company via the refinance.
 

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