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Should daughter quit claim deed the house to ex spouse without any compensation, even in this real estate market?

We loaned our married daughter money to buy a house.The marriage is now ending in divorce. With the real estate market the way it is, if the house is sold they will lose money. It is being rented for now and will continue to be rented until the market turns around. My daughter wants to quit claim deed the house over to her husband without any compensation because she thinks he is doing her a big favor, by keeping property that is upside down. I disagree.
I think there should be some compensation, considering we did contribute financially to the down payment and she did contribute towards the mortgage during the marriage.
I don't like the idea of handing him the house no strings attached. Eventually, the market will change and she will have lost all her/our investment. What do you think?

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Attorney answers (1)

Reputation Level 5
There are some real important issues to consider here. If your daughter and her soon to be ex-husband bought the property together and took out a mortgage together, they are both liable on the mortgage and probably on the promissory note. The deed to the husband will not relieve your daughter of her liability on the note and the terms of the mortgage. In addition, the deed may be a violation of the terms of the mortgage and expose her to a default being declared and a suit to foreclose the mortgage. Given the upside down nature of the property, that suit may expose her to a deficiency judgment as well.

The equity issue is harder to answer and really is not an attorney issue. The old adage is that you do not lose money on an investment until you sell it. I cannot tell you if the market will turn around so that she will end up with value later. In a divorce, you are pretty much dealing with values as they are today.

In any case, she should not deed the property to her husband/ex-husbanc without dealing with her liability on the mortgage and note.

Hope this helps.
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