Should I sign the quit claim deed?

Asked over 2 years ago - Roseville, CA

I recently divorced in 2011 and divorce awards a jointly owned and mortgaged home to my ex-husband. He is required to refinance in 1 year or I can bring it back to court. My ex plans to foreclose/short sale home if bank doesn't refinance. Bank will probably not refinance due to his other debt and I was the main source of income.

Now I am in contract on a house and for my loan to go through, my underwriter is requiring me to quit claim deed on my old house. The judge said I can buy a new home with my divorce decree and same with my loan officer. But the underwriter won't let my loan go through unless I have a quit claim deed.

Should I quit claim deed? I will have no ownership. If I bring the house back to court if my ex doesn't refinance, how will I have ownership rights to sell?

Attorney answers (4)

  1. Frank Wei-Hong Chen

    Contributor Level 20

    3

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . If you want to purchase the new house in which you are currently in escrow, you will need to sign the Quitclaim Deed. Doing so would mean that you will no longer have the ability to bring that house back to court if your ex does not refinance. You will not have the right to sell it.

    However, if that house is already upside down, it probably wouldn't make any difference to you in terms of the monies you'd receive, but letting that property to go foreclosure will likely adversely impact your credit score.

    Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in... more
  2. Mary J Quin

    Pro

    Contributor Level 10

    4

    Lawyers agree

    Answered . Your ex was awarded the Home in question, but has not refinanced it. Yes you can Quit Claim the property to him but you then will have no control at all over the property.

    You want to buy a new home but you need to get your name off of the old home.

    I think you should go over all your options and the up and down sides to making this decision.

    Contact a local attorney to obtain advice.

  3. Howard M Lewis

    Pro

    Contributor Level 20

    2

    Lawyers agree

    6

    Answered . It sounds like in order to accomplish what you want you will need to sign the quit claim deed. Hope things work out and take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  4. Kevin Arnold Spainhour

    Pro

    Contributor Level 15

    3

    Lawyers agree

    Answered . All of the advice by counsel is very good. I just wanted to add a few options for you.

    It appears to be the underwriting policies of your new lender that is what is causing this decision to be made.

    1) You could ask for an exception from the lender;
    2) You could explore a different type of loan with different underwriting policies;
    3) You may be able cancel the new home purchase (Check your purchase agreement to see if the loan contingency is still active); or,
    4) You could knowingly give up any control you have on the old property by signing the quitclaim.

    Best,

    Kevin

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Transferring Home Ownership in Divorce

A quitclaim deed is used during and after divorce to transfer property from one spouse to another.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,879 answers this week

3,082 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,879 answers this week

3,082 attorneys answering