Legal Question in Real Estate Law in California

If you quitclaim the property to him, and you are no longer married, you won't have any rights to the property. In order for an assumption to be viable, it will require the consent of the lender. If you don't have that now during the loan modification, what makes you think that your ex-husband will get that later?

The arrangement that you have described takes you off title and basically makes you a guarantor, albeit in a roundabout way. My big question to you would be whether you are actually complying with the terms of the judgment in your dissolution.

In order to advise you accurately, a lawyer would need, at least, to review the property settlement made in your dissolution of marriage proceeding, and to know whether there is any equity in the property.

Executing and delivering a quitclaim deed will effectively take you off title. Whether this is a bad result or not depends upon whether, and how much, the property is worth, above the loan or loans on it.

It may be preferable to do a straight refinancing, where the results are known in advance, with all the papers (and money) handled through escrow and recorded only when the deal is done. The market seems to be favorable for refinancing at present.