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Quitclaim in 2 Circumstances

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morrowise

Junior Member
What is the name of your state (only U.S. law)? Oklahoma

I am the only name on my mortgage, but my name & the spouse are on the title/deed.

  1. She may need to go abroad to be w. a sick relative, and I am selling the house meantime so we can both move, so I need to be able to close by myself, if possible. We haven't put it up for sale yet, but have been preparing for a while.
  2. She also has an LLC business that could get sued over a customer complaint, and that worries me. I would like her to file a quitclaim deed on the house in advance of that possibility.

Would her filing a quitclaim now, if there has been no claim letter (it might never come) likely be deemed fraudulent conveyance? Would someone who sued her, and potentially busted the veil on her LLC be able to attach a liens on the house, if that quitclaim were filed now? I've also thought about refinancing, because there's incredibly low interest, low closing, low payments on 5yr loans, and we'll be gone before then - so meantime it could maybe solve both issues and relax our payments.
 


justalayman

Senior Member
You seem to be fairly certain of the suit and the probability it would reach her rather than stop at the business. That makes the transfer a problem. It would ultimately be for a court to decide.

I don't see how refinancing would be beneficial in either possible problem.
 

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