If my name is on the deed but both my husband and I are on the mortgage, do I need a quit claim deed to remove his name from being part owner of the house?
Question Details: My husband is about to go into a nursing home and I was told that I should remove his name from the house. When I checked at the recorder of deeds office I found out only my name and my mother in laws name she's deceased is on the deed. After she passed away, we refinanced the house and both his name and mine is on the mortgage. Do I need to file a quit claim deed since his name isn't showing on the deed? Does it matter that his name is on the note?
We think of deeds and mortgages together, since we not infequently get both together. But they are actually entirely separate in legal effect. The deed determines who owns the property; the mortgage determines who is obligated to repay the loan. You can be on deed and be on the owner without being on the mortgage and having to pay, and vice versa. If your husband is not on the deed, he is not an owner; you do not need to file a quitclaim, and indeed cannot--he does not have anything to quitclaim (any interest or ownership to give up) to you.