Legal Question in Real Estate Law in California

Re: Quit Claim

The quit claim deed will not remove your name from the loan. When you apply for a loan to purchase a new home, this loan will appear on your credit history. That may result in the lender deciding to deny the loan application, because your new loan would cause you to be over extended, that is too much debt.

A part of the agreement should provide that your ex has to refinance the house within a reasonable time, 6 to 12 months. If this is part of the court order and the court retains jurisdiction to enforce the order you can go back to family court to enforce the refinance provision.

The foregoing information is provided as an accommodation only, and does not constitute legal advice or a legal opinion based on a comprehensive review of all relevant facts and documents, nor can provision of such information be construed as creating an attorney-client relationship.

Re: Quit Claim

In response to your inquiry, let me offer the following:

In general, you should have no difficulty purchasing a new home following the divorce, assuming your credit and financially ability are in order. All the quitclaim does is transfer whatever interest you have in the subject property to your husband.

Let me give a caveat, though - I don't practice family law, so, to the extent there may be some impact based on the fact that the transfer of interest is the result of a dissolution, I'm not really qualified to speak to that issue. I'd discuss this matter at length with the attorney representing you in the divorce proceeding.

Feel free to contact me with additional questions or comments.

And now, the other de rigueur caveat: The foregoing information is provided as an accommodation only, and does not constitute legal advice or a legal opinion based on a comprehensive review of all relevant facts, nor can provision of such information be construed as creating an attorney-client relationship.