Comments on: Is it wise to do a Quick Claim Deed on a house before a divorce?

By: fukinluckyfuker

fukinluckyfuker — Fri, 29 Aug 2008 06:41:51 +0000

It’s my understanding that even if you sign a quit claim deed, your marital interest in the property remains intact until the divorce is final.

SIGNING A QUIT CLAIM DEED DOES NOT END YOUR LIABILITY FOR THE LOAN!!!!!!!

So don’t do it.

And really, I’m not understanding this, as I keep reading it. She wants to move to a new home. So why would YOU be the one giving her the home you currently own? She should be giving it to you.

If you are both liable for the loan (check your NOTE from your closing papers. Not the Mortgage document), then you would have to refinance into just your name, sell, or see if your current lender will let you assume your existing loan (which can be done in cases of divorce, if you can qualify on your own).

You need your own attorney, and you need to ignore this realtor. He is wrong in so many regards here, it’s just bad bad bad.

By: ogrendle

ogrendle — Wed, 27 Aug 2008 20:06:35 +0000

There is no such thing as a QUICK claim. It’s a QUIT claim and you should be talking to your lawyer.

By: goz1111

goz1111 — Mon, 25 Aug 2008 21:03:39 +0000

you really should talk to your lawyer,

but a couple of things, if you sign for a note on the new house for your ex-wife you will be liable for the note until she refinance the note listing only her

The quick claim deed or a divorce decree will release you from being liable for the note

do you really want to be on a note for a house you will have nothing to do with?

By: boston857

boston857 — Mon, 25 Aug 2008 15:33:05 +0000

First of its Quit Claim……

In many states, they require the spouse to sign on the deed to relinquish dower rights…sounds like that is what they want you to do….are they asking you sign away dower rights on the new house or existing house? Your question is not clear….

By: Outside the box

Outside the box — Mon, 25 Aug 2008 09:50:55 +0000

Are you taking legal advice from your future ex wife’s realtor, ask your attorney first. The realtor would get a commission of the purchase and sale, of said house, while the divorce lawyers battle out the details and take the fees for settling this one.