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ivaldivia1 · Joined: 05 Oct 2009 Posts: 1 1.62 Dollars($)

After a long separation, as part of the divorce settlement in 2009, I was able to keep my house, my atty filed an Interspousal Transfer Deed. I am now refinancing my home and the mortgage co is requesting another Grant Deed Afadavit, due to non existing vesting for my name, i.e, Jane Doe, a married woman. It only states my name and no vesting, so they say. My attny says its fine as is. Who's correct?
My main concern is ..does this Interspousal Transfer deed, protect me from any leins my husband may have incurred after we separated that I am not aware of and will the mortgage co make me pay them off?

jameshogg · Posted: Mon Oct 05, 2009 7:39 pm Post subject:

Hi ivaldivia,

If your husband has signed an inter-spousal transfer deed in your favor and declared the concerned property as yours, then his creditors will not be able to place a lien on that property. It would be considered as your sole property.

As your spouse has declared the property to be yours, I don't think the lender should ask for a grant deed. The inter-spousal transfer deed should be taken into consideration by the lender and allow you to refinance the loan.

Thanks

jheard · Posted: Tue Oct 06, 2009 12:17 pm Post subject:

Agreed. It is redundant to put a vesting on an inter-spousal deed. This deed should protect against your husband's creditors. However sometimes it is easier to just comply with the mortgage company rather than try and fight it.

Guest

we are married, but my husband is buying a property in his name and i am signing an interspousal transfer deed. however, if he renegades on mortgage payments, can the mortgage company come after me for payments, even though i signed the interspousal transfer deed?, as we are married and live in california which is a community property state

smithsussane · Posted: Sun Mar 07, 2010 10:05 pm Post subject:

Hi janish!

Welcome to forums!

As you sign the inter-spousal transfer deed, you give away all your rights on the property. Thus, you would not be considered as the owner of the property in any way. Thus, the lender will not be able to come after you if your husband defaults on the loan payments.

Feel free to ask if you've further queries.

Sussane

Guest

Hello there,
If my husband executes & files an Interspousal Trasnsfer Deed in my favor, which box would be appropriate for him to check so he has not longer ownership. If there'll be creditors running after my husband and wins the judgement, can they put a lien on my property even after the interspousal deed has been recorded?

Thank you so much!!!

adonis · Posted: Thu Mar 25, 2010 1:28 am Post subject:

Welcome Jayjay

I've given my suggestions in regards to your query at:
http://www.mortgagefit.com/california/interspousaldeed-lien.html#15677 5

Take a look at it. Hope it helps you.

Guest

is interspousal transfer deed applicable to common-law marriage?

adonis · Posted: Sun Apr 04, 2010 10:32 pm Post subject:

Hi maggie,

Inter-spousal deeds are normally used in case of community property states. In case of common law states, you can use a quit claim deed and remove your spouse from the property.

Guest

My wife is a paralegal and is inisisting we use an interspousal transfer instead of a quit claim over to me. Can she later place a lien on my property or come back on me for equity that is no longer there. We each put 60k down but the property is worth less now and there is no equity.
Richard

jameshogg · Posted: Thu Sep 23, 2010 10:09 pm Post subject:

Hi Richard,

If your wife signs an inter-spousal transfer deed and transfers the property to you, then you will be considered as the sole owner of the property. She will have no claims over the property.

Thanks

Guest

If I transfer my house to my wife will she have to refinance and assume payments or can we just leave everything as is. She has no income of her own. Just my income. Rolling Eyes

smithsussane · Posted: Thu Apr 07, 2011 9:57 pm Post subject:

Hi oscarbar!

Welcome to forums!

You can transfer the property to your wife and leave it as is. However, you should note that unless your wife refinances the mortgage, you'll remain liable for the loan payments.

Feel free to ask if you've further queries.

Sussane

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Does interspousal transfer deed protect me from any liens?