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I am in the midst of a divorce in California. I am on the deed but not the mortgage.

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Icon Mini Profile kmsmart





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Post Posted: Thu Jul 01, 2010 5:42 pm    Post subject: I am in the midst of a divorce in California. I am on the d
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I am in the midst of a divorce in California. I am on the deed but not the mortgage. If I sign a quit claim so the house belongs soley to my soon-to-be-ex am I obligated to pay the mortgage. And if he forcloses will I be held responsible?
Icon Mini Profile smithsussane
smith.sussane




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Post Posted: Thu Jul 01, 2010 9:57 pm    Post subject:
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Hi kmsmart!

Welcome to forums!

Though you sign a quit claim deed and transfer the property to your soon-to-be-ex, you'll be liable for the mortgage payments unless he refinances the mortgage in his name. If the lender forecloses the property while your name is on the mortgage docs, then the lender can come after you for the deficient balance resulting from the sale of the property. Also, the foreclosure will affect your credit in a negative way and lower your score.

Feel free to ask if you've further queries.

Sussane
ksmart

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Post Posted: Fri Jul 02, 2010 12:06 pm    Post subject: you answer to my question
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Sussane,
I believe you mis-read my question - I indicated I am NOT on the mortgage, I was only on the deed and I signed a quit claim. Will I be lable for the mortgage?
Icon Mini Profile jameshogg
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Post Posted: Mon Jul 05, 2010 11:03 pm    Post subject:
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Hi ksmart,

If your name is not on the mortgage docs, then you won't be liable for the loan payments.

Thanks
ksmart

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Post Posted: Fri Jul 09, 2010 10:42 am    Post subject:
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Even if the house was bought while we were married?
Icon Mini Profile jerry
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Post Posted: Sat Jul 10, 2010 1:33 am    Post subject:
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Hi ksmart,

As the property was purchased after marriage and as California is a community property state, you will be liable for your spouse's debt.

Thanks,

Jerry
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