Quitclaim Deed & Divorce in Massachusetts

By Maggie Lourdes

Married couples often own joint real estate that must be transferred if they divorce. In Massachusetts, a judgment of divorce includes an order dividing the marital assets, including real estate. Quitclaim deeds transfer real property interests and are generally used to convey a spouse's real estate interests according to the terms of the divorce judgment.

Married couples often own joint real estate that must be transferred if they divorce. In Massachusetts, a judgment of divorce includes an order dividing the marital assets, including real estate. Quitclaim deeds transfer real property interests and are generally used to convey a spouse's real estate interests according to the terms of the divorce judgment.

Deeds and Divorce

Generally, if you execute a quitclaim deed to your spouse, that alone does not eliminate your liability for the mortgage loan. Typically, you must obtain a release directly from your lender to be free of mortgage liability. Your lender may require your spouse to refinance solely in his name to remove your name from a joint mortgage note. Even if your divorce judgment makes your spouse liable for the mortgage, if your name is still on the note, the lender can look to you for payment. Your attorney can answer specific questions regarding quitclaim deed conveyances and financial liability after your divorce.

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Divorce is never easy, but we can help. Learn More
Can I Assume a Mortgage After Divorce?

References

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How to Transfer a Mortgage During a Divorce

As much as you might like to simply sign your name and walk away from your mortgage if your ex gets the house as part of your divorce, it's unlikely the lender will allow you to do so. Mortgages typically aren't transferable, at least not without a lot of red tape. You likely don't have to be locked into the obligation for life, however.

Release of Former Spouse From Liability on a Joint Vehicle After Divorce

If the court awards you the family car in the divorce settlement, it may give you the car loan, too. If you and your spouse are both on the loan, the court may require you to remove your spouse's liability for repayment of the loan. This usually involves working with your bank to refinance the loan or pay it off.

The Transfer of Property Incident to Divorce

Your divorce judge may issue a divorce decree that is very specific about items of property that belong to you or your ex-spouse, but even with a detailed divorce decree, you must take additional steps to ensure that ownership of your property is actually transferred appropriately. The process of transferring property depends on the type of property in question.

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