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.
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.
Maggie Lourdes is a full-time attorney in southeast Michigan. She teaches law at Cleary University in Ann Arbor and online for National University in San Diego. Her writing has been featured in "Realtor Magazine," the N.Y. State Bar's "Health Law Journal," "Oakland County Legal News," "Michigan Probate & Estate Planning Journal," "Eye Spy Magazine" and "Surplus Today" magazine.