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Does interspousal transfer deed protect me from any liens?

Posted on: 05th Oct, 2009 02:14 pm
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?
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
Posted on: 05th Oct, 2009 07:39 pm
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.
Posted on: 06th Oct, 2009 12:17 pm
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
Posted on: 07th Mar, 2010 01:47 pm
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
Posted on: 07th Mar, 2010 09:05 pm
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!!!
Posted on: 24th Mar, 2010 02:09 pm
Welcome Jayjay

I've given my suggestions in regards to your query at:
http://www.mortgagefit.com/california/interspousaldeed-lien.html#156775

Take a look at it. Hope it helps you.
Posted on: 25th Mar, 2010 01:28 am
is interspousal transfer deed applicable to common-law marriage?
Posted on: 04th Apr, 2010 04:54 pm
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.
Posted on: 04th Apr, 2010 10:32 pm
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
Posted on: 23rd Sep, 2010 05:56 pm
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
Posted on: 23rd Sep, 2010 10:09 pm
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. :roll:
Posted on: 07th Apr, 2011 07:21 am
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
Posted on: 07th Apr, 2011 09:57 pm
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