Mr. David

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

My wife and I bought a house while we were married. A few years later we re-financed our home under my wife's name due to her salary being better than mine. Does this mean the house belongs to her? The reason I'm asking is because we recently separated. I am hoping the house is still community property so that as a condition in our divorce we sell the house and split the proceeds. Secondly, she has just given me an interspousal transfer deed and asked me to sign it. She said this will alleviate my duty to pay the mortgage since I'm not in the house. She is in the house. If the first part of my question is yes the house is still community property, then will my signing the interspousal transfer deed give up my rights to the house? If the answer to the first part of this question is no I have no more rights in the house since we refinanced the loan in her name, then the second part of this question would be moot. Thank you.

the title determines who actually owns the house. Whoever is on the mortgage is who owes the mortgage.

Signing a deed does not alleviate any liability you would have for the mortgage but you said the mortgage is in her name so you do not have that liability as it stands anyway.

It sounds like this is considered community property and the equity will be divided as such.

If you are getting a divorce, do not sign a deed until the courts require it.

Whether the house is required to be sold will be decided by the courts. Depending on the equity and what other assets there are, there may be no requirement to sell the house.

Do NOT sign a quit claim deed unless the house is upside down AND you are not on the mortgage! If there is equity, don't sign any quit claim until you are paid for your share of the house (and you are definitely not on the mortgage).