Legal Question in Family Law in Colorado

Quit Claim Deed

My spouse and I are divorcing, I moved out and he kept the house. I found out that he has not made a payment for 6 months and forclosure will begin soon. He said he will give me the house back if I want it, but I will not be able to refinance since my name is listed on the mortgage now, that is in default. I also cant come up with the arrears in order to keep it from the auction block-Can both of us quit claim it to a relative and then refiance the property in my name once the divorce is final and I can clean up my credit?? What other option do I have in order to keep the house?


Asked on 7/28/00, 10:59 pm

1 Answer from Attorneys
Jack Harding Denver Center for Divorce Solutions

Re: Quit Claim Deed

Quitclaiming the house addresses only the title, not the mortgage. The mortgage company will still foreclose on the new owner--and still hold you responsible for the arrearage. The court will likely divide the marital assets & debts in your favor because of your husband's failure to protect the marital home. Unless you can come up with the arrearage, it appears the house is gone. Your only recourse is other assets and giving him the debts. The mortgage companies are not about to let you use a straw person to dodge a debt. Nice try.

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Answered on 9/12/00, 8:40 pm


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