Legal Question in Family Law in California

quit claim deed

I divorced my husband 10 years ago and did a quit claim deed on the house. He has since passed away and I found out that he has never refinanced the house so my name is still on the loan. What are my responsibilities now. I have since remarried and have my own family. I cant afford another house.


Asked on 9/11/01, 5:24 pm

3 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: quit claim deed

You should check to determine whether the quit claim deed was filed. If it was not you may the own the house. Assuming that you own the house you can list it for sale.

Even if the quit claim deed was filed you may have some rights as a person liable for the debt. You will probably have the right to reinstate the debt. You should immediately contact an attorney with experience in this area of the law. Then contact the mortgage company and ask for some additional time to clear up the situation. Since the property was purchase more than 10 years ago there should be a substantial amount of equity in the house. If you act quickly you may be able to cash in on at least some of the equity.

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Answered on 10/30/01, 12:45 am
PATRICK MCCRARY PATRICK MCCRARY

Re: quit claim deed

If you signed the quit claim deed 10 years ago hasn't the house appreciated so that there is some equity in the house. Why isn't a executor stepping in to protect that equity for the heirs. If all else fails, you may contact the trust deed holder and they may let you sign a deed in lieu of foreclosure which might keep the foreclosure out of your name. Get a consultation with an attorney to plan out this strategy. Good luck, Pat McCrary

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Answered on 10/26/01, 7:10 pm
Ken Koury Kenneth P. Koury, Esq.

Re: quit claim deed

when you asked the bank for a loan to buy the house you signed a contract promissing to pay it back. the divorce does not get you out of the promise.

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Answered on 10/26/01, 1:22 am


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