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Commonly Asked Questions about Separate Property Warranty Deeds

When one spouse owns the home prior to the marriage, the other spouse gets added to the deed during the refinancing process. This converts the home to a marital asset.
If you refinance before you file, you report that youre still married, and then removing one of the spouses from the mortgage loan is much easier. After the divorce is finalized, you will still have to perform a Quitclaim to remove your spouse from the title, but the refinancing will already be taken care of.
When you refinance, you are simply getting a new loan for the property. The deed remains the same. If you want to replace the person thats on the deed of your house, you will need to do a quitclaim deed.
A Married Man/Woman, as His/Her Sole and Separate Property: When a married man or woman wishes to acquire title as their sole and separate property, the spouse must consent and relinquish all right, title and interest in the property by deed or other written agreement.
In this regard, there can be two situations. You can refinance a house without your spouses signature or consent if youre the sole owner. Your spouse will need to apply for and sign the refinance documents if you both own a property together and wish to remain borrowers on the refinance loan.
Understanding how New York law treats separate property Couples divide marital property, but each spouse keeps his or her own separate property. Separate property comprises: Assets owned prior to the marriage Spouses are allowed to keep any property they brought with them to the marriage.
When you married your spouse, you may have already owned property or had cash savings or investments. Your spouse also may have entered the marriage with property, cash and/or investments. This is called separate property. During the marriage, you and your spouse most likely obtained more property and cash.