Legal Question in Family Law in Washington

division of property

I am divorced as of Oct. 1998. My husband had until Feb. 1, 1999 to either sell our house or buy me out. He wants to buy the house, but wants to do a quick claim and just take my name off of the house. He says my name will continue to be on the loan. Is there any way we can do this where I will not be liable for the loan without refinancing? I'm willing to do the quick claim and leave my name on the loan, but is there any way to protect myself if the loan is called?


Asked on 1/18/99, 6:24 pm

1 Answer from Attorneys
Gary Preble Preble Law Firm, P.S.

Re: division of property

Protect yourself from what? You don't care about foreclosure or repossession--it's not your property.

The only liability would be if the value of the property is less than the debt on which you are liable. Is that likely? Is your ex trustworthy? Does he take good care of his possessions?

The best solution would probably be for him to pay you off but you NOT give him a quit claim deed. Rather, you would make a contract to quit claim the property at such time as he sells or refinances, but that you may use the property to protect yourself from any future obligation that may be imposed on you as a result of your obligation on the existing loan.

There may also be some other creative alternatives.

But don't sign a quit claim deed. The contract would protect both of you.

Gary Preble

Olympia

360-943-6960

Gary Preble

Preble Law Firm

2120 State Avenue NE


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Answered on 1/28/99, 2:22 pm


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