Quitclaim from husband to wife

What is the name of your state (only U.S. law)? Texas

My husband and I own a home that still has a mortgage on it. Can my husband quitclaim the property to me while we are still married?

Thanks

The answer is yes. Your husband can quitclaim his interest- That quitclaim should then be recorded.

The answer is NOBODY should quit claim their interest while a mortgage remains in threir name. You should refinance him off the mortgage and have him provide that quit claim at the closing. That way, he's FULLY uninvolved with the real estate. Otherwise, his credit is tied up in this house for the remaining loan term.

The quit claim should happen when you remove him from the debt. If there is no mortgage, you can move forward now.

nextwife- OP asked a simple question- as we are not aware of their situation-
(and I see were your coming from nextwife) The answer still remains yes. Although typically it would be a VERY FOOLISH MOVE.
That of course is my opinion OP can decide for herself.

DAD10 said:

nextwife- OP asked a simple question- as we are not aware of their situation-
(and I see were your coming from nextwife) The answer still remains yes. Although typically it would be a VERY FOOLISH MOVE.
That of course is my opinion OP can decide for herself.

Click to expand...

It is the party DOING the quit claim that is put at risk, not the recipient. So the "decision" is really more important for the grantor than the grantee. I was pointing out why her ex rationally would not wish to simply quit claim. If she wishes a quit claim, she needs to be prepared to refinance.

A simple yes would not have given enough information.

Actually, there was no mention of "ex" anything. She said "husband and I". We should not assume this quit claim is in response to a divorce.

Perhaps OP should be forewarned that a quit claim intended to defraud creditors or to hide assets from a lawsuit can and will be overturned by the courts as a "fraudulent conveyence".