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 ivaldivia1
Joined: 05 Oct 2009
Posts: 1
1.42 Dollars($)
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 Posted: Mon Oct 05, 2009 2:14 pm Post subject: Does interspousal transfer deed protect me from any liens? |
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After a long separation, as part of the divorce settlement in 2009, I was able to keep my house, my atty filed an Interspousal Transfer Deed. I am now refinancing my home and the mortgage co is requesting another Grant Deed Afadavit, due to non existing vesting for my name, i.e, Jane Doe, a married woman. It only states my name and no vesting, so they say. My attny says its fine as is. Who's correct?
My main concern is ..does this Interspousal Transfer deed, protect me from any leins my husband may have incurred after we separated that I am not aware of and will the mortgage co make me pay them off? |
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jameshogg
Joined: 20 Dec 2005
Posts: 5203
Location: nevada
651.69 Dollars($)
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| Posted: Mon Oct 05, 2009 7:39 pm Post subject: |
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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 |
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jheard
Moderator
Joined: 12 Dec 2007
Posts: 621
Location: Houston, TX
101.28 Dollars($)
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| Posted: Tue Oct 06, 2009 12:17 pm Post subject: |
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Agreed. It is redundant to put a vesting on an inter-spousal deed. This deed should protect against your husband's creditors. However sometimes it is easier to just comply with the mortgage company rather than try and fight it.
_________________
Disclaimer: This is not legal advice and I am not your lawyer. The information provided in this forum is for discussion purposes only, and is no substitute for an in-person consultation with an attorney who can analyze all of the facts and determine how your state and local laws may apply to your specific situation. |
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janish
Guest
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| Posted: Sun Mar 07, 2010 2:47 pm Post subject: interspousal transfer deed |
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| we are married, but my husband is buying a property in his name and i am signing an interspousal transfer deed. however, if he renegades on mortgage payments, can the mortgage company come after me for payments, even though i signed the interspousal transfer deed?, as we are married and live in california which is a community property state |
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smithsussane
Joined: 18 Sep 2008
Posts: 4546
Location: Alaska
445.32 Dollars($)
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| Posted: Sun Mar 07, 2010 10:05 pm Post subject: |
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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 |
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