Legal Question in Real Estate Law in California

Divorce & Quitclaim

My brother-in-law purchased a new home a year ago. Six months later his wife moved out. The home is now in pre-foreclosure, the wife is willing to sign a qc deed but what else would need to be done to get her name off title and loan? She claims that he would have to buy her out, but there is no equity in the house as there was no down payment made and very few payments made.


Asked on 9/28/08, 3:47 pm

1 Answer from Attorneys
Judith Deming Deming & Associates

Re: Divorce & Quitclaim

She can get off title by a deed, but no one can take her off the loan except the lender and they will not do that unless they are paid off. The house will go into foreclosure and both your brother-in-law and his wife will have a foreclosure on their credit...that is the way it works.

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Answered on 9/29/08, 2:58 am


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