Marital homes and quit claim deeds

Question:Cordell & Cordell attorney Andrea Miller

As part of our divorce, my wife was given exclusive possession of the marital home. She wants me to sign a quit claim deed so that the house is solely in her name.

However, when we tried to refinance with the bank in just my wife’s name they wouldn’t do it because her credit is so poor.

So am I in violation of the decree if I don’t sign the quit claim deed since my name is still on the note at the bank?


Without looking at the order to determine what exactly was ordered and what language was used, I cannot say what would or would not be a violation of the order.

Depending on the language of the order you may be in violation of the order if you do not sign the quit claim deed. However, it is just impossible to know without looking specifically at the order.

I would urge you to go see an attorney in your state so that he/she can look at the order and let you know exactly what your rights and obligations under the order are. Please be advised that my answering of this question does not constitute an attorney-client relationship.

Cordell & Cordell has divorce lawyers nationwide that could help you.


Andrea Miller is a Staff Attorney in the Charlotte, N.C., office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Miller is licensed in the state of North Carolina. Ms. Miller received her undergraduate degree in History and her Juris Doctor from the University of North Carolina at Chapel Hill.  While in law school, she on the Client Counseling Team for Moot Court and became a board member. Ms. Miller also participated in UNC’s Legal Assistance Clinic whereby she helped represent indigent clients obtain legal counsel primarily in the area of domestic relations.

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