Legal Question in Family Law in Minnesota
my dad signed a quite claim deed a year after my mom divorced him 8 yrs ago and even after the he signed it she was still making him pay part of the mortgage. Now his attorney says he cannot do anything about it and she is taking him to court saying that in the divorce papers he was supposed to continually pay the mortgage, but I thought the quit claim deed would have voided out the divorce paper. Can she get in trouble for making him pay on the mortgage even after he signed the quick claim deed and is what she did even legal?
1 Answer from Attorneys
A quitclaim deed and responsibility for the mortgage are two completely separate things. The quitclaim deed transfers ownership, but it has no effect on the mortgage or who is responsible to pay it. Any party who has signed on the mortgage is responsible to the mortgage company.
The divorce decree would indicate who was to be awarded the real estate and each party's responsibility toward the mortgage as it pertains to the rights between the parties.
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