My boyfriend and his ex bought an home together in 2006. In 2008 he signed a quit claim deed and gave her the home. Why is she still contacting him about matters of the home if she is the sole owner now? I don't understand how this works. She recently contacted him asking him to sign something because she has decided to rent it out. Why would she need his signature on ANYTHING at this point? Very strange, just need clarification. Thank you!
If your boyfriend is no longer the owner of record, then there is no reason for him to be involved in the management of the property. If there is a mortgage or deed of trust, then he may still be responsible for the loan notwithstanding the fact that he quitclaimed his interest to his ex as he would likely have signed a promissory note in connection with the purchase money loan. Your boyfriend can probably provide more answers than an attorney regarding your question.
It depends on what he is being asked to sign. There may be some outstanding issues that were not resolved or a title company asking for an affidavit or to fix a document that may not have been executed properly. It is possible that she holds the deed but that it is not recorded because it might trigger a due on sale clause in a loan secured by the property. Would really need to know what the document is.
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If 'bought together' = they both signed a loan on the property then he is still on the hook. Divorce attorneys sometimes to things like this (e.g. get a spouse to deed OFF the property--but do NOTHING to get one spouse off the mortgage--that means your boyfriend could be still on the hook to the bank along with his Ex and stuck with whatever decisions she makes). Hopefully she is still paying the mortgage--if it were me, I would be fighting to get her to refinance the property to remove me from the loan (hence the obligation). She could stop paying and totally ruin his credit. Nice, huh?
Just plain over-the-counter commentary, no lawyer-client relationship created. Seek your own counsel for true 'legal' advice. This is just an off-the-cuff response to a short question on the web; not to be construed as legal advice.
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