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Timing Issues for Filing a Quit Claim Deed

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  • 06-03-2012, 11:00 AM
    Cornwallace
    Timing Issues for Filing a Quit Claim Deed
    My question involves real estate located in the State of: California As part of my divorce 7 or 8 years ago it was decided between my ex and I that she would keep the house.To facillitate this I willingly signed a quitclaim.Apparently my exwife never submitted this to our lender and so my name remains on the house.That leads to my first question which is can she still submit that quitclaim so long after it was signed?. My second question presumes the answer to the first is "no she cannot". When I moved out we had a gentlemens agreement in regards to splitting the exsisting equity in the house. It is an agreement that to this day remains a 100 % unsatisfied. And now it appears we are inexplicably entering a new era of contention. So my second question is what rights do I have if any should I feel the want to force her hand in regards to paying out the equity she still owes me?.
  • 06-03-2012, 11:20 AM
    flyingron
    Re: Are Quitclaim Submittals Time Sensetive
    The lender has nothing to do with deeds. Quit claim will not get you out of the mortgage, it's only gives up ownership.
    Yes, if you signed the deed, she can file it (usually with the county) later. The house became hers when you signed the deed, filing just makes official note of the proceedings.
    The deed has nothing to do with your property settlement. You should discuss that with your divorce lawyer.
  • 06-03-2012, 12:30 PM
    Cornwallace
    Re: Are Quitclaim Submittals Time Sensetive
    Quote:

    Quoting flyingron
    View Post
    The lender has nothing to do with deeds. Quit claim will not get you out of the mortgage, it's only gives up ownership.
    Yes, if you signed the deed, she can file it (usually with the county) later. The house became hers when you signed the deed, filing just makes official note of the proceedings.
    The deed has nothing to do with your property settlement. You should discuss that with your divorce lawyer.

    Thank you for your prompt and informed post. I checked on a few of the things you said and on every point you were dead on. The information is much appreciated.
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