I quit claimed my property with my ex-wife during the divorce decree. We had a period of reconciliation where we reentered into a new refinance. She then left again. Does the refinance void the quit claim? Or is it still in effect with only her having the financial obligation?
After the quitclaim was executed and filed, only she could re-finance unless she obtained your signature as a guarantor. A loan does not change title. If the quitclaim was never filed, that's a much more complex question.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
I think Michael made a great point, this is a very complex situation. If the quit claim deed was recorded then when you went to refinance the home, title generally wouldn't be transferred back to you and the house would remain in your ex-wives name. Had the deed never been recorded there are a lot of ways this could have played out. You really should talk to someone experienced in Real Estate Law to survey the chain of title on the property.
By answering this question, Nathan Nielson is not creating an attorney client relationship with you. I advise you at all times to seek competent legal counsel and speak with an attorney.
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