What is the name of your state? Missouri
I purchased a in my name only house prior to marriage. During the marriage, I refinanced (morgtage in my name only) to get rid of the PMI. I was forced to QCD my husband on my title, but husband also signed a "ASSENT TO EXECUTION OF INSTRUMENTS" and "WAIVER OF MARITAL RIGHTS".
The verbage in the waiver reads:
(husband) do hereby expressly assent to any purchase, sale, conveyance of real estate, or to the execution of any deed of trust, mortgage, encumbrance or other instruments by my said spouse, and acknowledge and state that such purchase, sale conveyance, deed of trust, mortgage or encumbrance is not to be deemed in fraud of my marital rights, and I hereby give up, release and waive any such marital rights which I may have in the real estate situated …
I have read in the postings that MO requires adding spouses name per Probate Code--Intestate Succession and Wills Section 474.150 every time there is a conveyance.
Does the WAIVER he signed (recorded in deed office) really give the house back to me? What rights do I have to enforce this? Is this enforcable? I was told he needed to QCD back to me to remove him, but doesn't the Waiver have any effect? He refuses to cooperate (going through divorce).
Thank you for your help!