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can a california prisoner quit claim property after being in jail for 25 years

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drag_n_slayer Joined: 25 Nov 2008 Posts: 1 1.30 Dollars($)	Posted: Tue Nov 25, 2008 3:27 am    Post subject: can a california prisoner quit claim property after being in Like 0 Dislike 0 My mother has maintained the property and paid the mortgage for over 25 years after divorcing my father. unfortunately, the propery was never sold and now my father (25 years later) has quit claimed his ownership to his sister. Is this legal? Can he quit claim the property while incarcerated. His sister did not transfer the mortgage into her name, my mother continues to pay the mortgage on her own.
sara Moderator Joined: 05 Jul 2006 Posts: 2694 Location: New Brunswick, New Jersey 496.42 Dollars($)	Posted: Tue Nov 25, 2008 6:26 am    Post subject: Like 0 Dislike 0 Hi drag_n_slayer, I'd like to know whether your mother is the only person on the deed. Who was entitled to receive the property after the divorce? If the divorce decree stated that your father had an interest in property, well then he can obviously transfer his share of ownership. However, it may not be legal if it's done while he is in prison. If he's out of it and then transfers property, I guess that's accepted by the law. Since there's a new person on title, the lender ask your mother and your aunt to refinance the loan. You need to check out the loan doc for any penalty involved with such transfer of property. Take Care _________________ Find me at FB: http://www.facebook.com/people/Sara-Jones/100002976822020

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