Legal Question in Family Law in California

my husband and i are divorcing. he bought our home 2 days before we were married. my name is not on the title. we have been together 9 years. 5 living together and 4 married. he does not want the house. can i file a quitclaim to put the house in my name, and then is it possible for me to go through the lender to assume the loan. this is all under the assumption that he does not contest this. we have 2 children and it is important for me and them stay in the home. thanks for any advice you can give me. also the home is under a special program where the lender is the city we live in as well as the builder. if we refiniance we lose the low mortgage rate for this program. also should this happen before or after we file divorce papers? thanks again


Asked on 4/04/10, 10:24 pm

1 Answer from Attorneys

Assuming he cooperates, you would want a grant deed, rather than a quitclaim, and it would be better to do it as part of the divorce settlement. The one thing you do NOT want to do is change title without making arrangements with the lender first. Most real estate loans have a provision that the full amount becomes due immediately upon transfer of title from the borrower to someone else. In otherwords the loan is cancelled and must be paid off if you transfer without making arrangments with the lender. If the lender doesn't agree to allow you to assume the loan, you may have to make other arrangements as part of the divorce settlement, so that is another reason to get the divorce going before doing anything.

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Answered on 4/09/10, 11:13 pm


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