Legal Question in Family Law in Georgia
QuitClaim Deed
My husband signed a quitclaim deed when divorcing his ex. The mortgage is still in his name and is going against his credit when she pays late. Should the mortgage be in his ex's name, since he no longer has any rights to the house? Can this be changed, or does a quitclaim deed state the loan must not transfer?
3 Answers from Attorneys
Re: QuitClaim Deed
The note that your husband signed is an obligation that is not satisfied until the loan is paid in full, regardless of whether he still owns or occupies the property.
Re: QuitClaim Deed
Signing the quitclaim deed does not relieve your husband of his obligations under the loan. However, there may be a way around this. Consult with a local attorney. If you would like to discuss, please feel free to call me.
Re: QuitClaim Deed
The Quitclaim deed has nothing to do with the loan. Unless the divorce required her to refinance, your husband cannot get the loan changed. He may, however, be able to sue her for contempt.
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