[miller1967]

My husband owned the home when we got married. We are going to divorce, we want to do a quit claim deed. Bank of America will not do an assumptive loan, but will they let us do a quit claim deed ?

I am residing in the home in Post Falls, Idaho.

Please help...

[JudyKayTee]

I am admittedly not in your State but am in NY and here, no. The mortgage would have to be refinanced. If two people agreed to the loan that cannot unilaterally be changed to one person.

[smoothy]

Usually assets owned before a marriage are not surrendered or even part of the divorce settlement Nor are inheritances acquired during the marriage.

I would not settle for anything that does not involve removing that persons name from the mortgage as well otherwise that obligation never goes away. AS was mentioned as I was typing this... that usually involves a refinance.

[ScottGem]

First its not a good idea to piggyback your question on another thread, especially a 6 yr old thread. To avoid confusion I've moved your post to its own thread.

Whether BofA will allow the transfer I don't know. As long as you are still signed on the mortgage they may.

[AK lawyer]

If OP wants to quit claim the house to OP's spouse that's fine. But it should be understood that both parties will still owe the loan. If the loan payments are not made BoA can foreclose, and seek a deficiency against both. The QCD won't change that.