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  1. #1
    Join Date
    Nov 2008
    Posts
    1

    Default Quit Claim on Mortgage During Divorce

    My question involves real estate located in the State of: California

    My new husband recently had his ex-wife sign a quit claim on the home they shared, which he kept after the divorce. The quit claim has been filed in the appropriate court. But now my husband does not want to take his ex-wife's name off the title of the home, because of refinancing fears. He's leaving the house in the event of his death. Does the quit-claim take precedence over her name still being on the mortgage title?

  2. #2
    Join Date
    Jan 2008
    Posts
    1,948

    Default Re: Quit Claim on Mortgage During Divorce

    If the Xwife quit claimed her interested in the property and that quit claim was recorded that means the title/deed of trust is now in the husband's name. He is the sole owner of the property.

    Taking someone's name off the title does NOT remove their obligation on the loan. If the Xwife's name is on the mortgage/note and the husband does not make the loan payments - then the Xwife can be held responsible to the lender.

    Anything the xwife and husband agreed to in their MSA can not and does not change their obligation to the lender.
    If the MSA states that the husband MUST take the Xwife's name off of the mortgage then he is required to do so regardless of any increase in the interest rates, processing fees, etc.

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