Legal Question in Real Estate Law in California

Quit claim entering divorce

I have just filed for divorce from wife of only 6 months (she ran off with someone else!). We purchased our home 1-1/2 years ago prior to marriage, no down payment, been paying mortgage, etc. with joint income. She is still helping pay to this point but is ready to walk away and stop paying ANYTHING I have a feeling. She doesn't care about her credit b/c she just bought new car and moved in with other man who is living in rent free/mortgage free house. I'm trying to keep wife paying her share as long as I can until I can work out short sale and/or other refi option with lender to hopefully keep me in my house (I'm living in house alone right now). Wife told me today she's filing quit claim tomorrow (sounds like her divorce attorney suggest this). I can't figure out why she's so intent on filing this tomorrow? She wanted me to sign it too (do both parties have to sign?) and claims our realator says it's in my best interest to agree to the quit claim. I refused to sign anything at this time so she said she'd file tomorrow anyway. Don't know if I'll end up in foreclosure, short sale, or refi to hopfully keep house on my own. What should I be concerned about if anything?????

THANK YOU!!!!!!


Asked on 3/25/08, 12:29 am

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Quit claim entering divorce

You don't have to sign the deed. A quitclaim deed simply transfers whatever interest in real estate the Grantor has. Neither of you are personally liable on the notes if they were for money borrowed to purchase the property. Short sales are pretty unlikely. There is not much advantage to the seller. If you want to stay in your house and can't bring in a tenant to share the house and thereby allowing the rent to pay the mortgage, there are other options. You may want to chack out www.U1stForeclosureRelief.com. The company is a client of mine.

You should take the matter in hand and file for divorce and put this behind you.

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Answered on 3/25/08, 1:24 am


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