Legal Question in Real Estate Law in California

Re: release my ex wife from reponsibility of mortgage

A quit claim or any other type of deed merely takes her name off of title. You cannot remove someone from responsibility for the loan without the lender's permission.

You can contact your lender, and ask if they will remove your wife's name, showing them that you qualify for the loan on your own, or you will need to refinance.

Make sure that your loan does not have a prepayment penalty before you refi. If it does, give me a call so you can structure a sale from your wife to you, which might help eliminate the penalty.

Re: release my ex wife from reponsibility of mortgage

In addition to the prior advice, I should remind you that a dissolution of marriage is a formal legal proceeding in which the court not only ends the marriage, but also adjudicates the property rights of the divorcing spouses. The ownership of the property and the liability for the loan or loans thereon should be addressed by the court upon receiving a proposed property settlement agreement and/or your disclosures and any other evidence placed before the court.

If you are represented by an attorney in the dissolution proceeding, you should refer this matter to him or her. If you are not represented by counsel, maybe you should retain a lawyer so you don't make mistakes you'll regret later.