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Interspousal Transfer Deed

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friend of the family

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Post Posted: Tue May 18, 2010 5:30 pm    Post subject: Interspousal Transfer Deed
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My husband is not on Title of my home. We are going through a divorce in California. I was informed by my broker before I can refi my home he has to sign "Interspousal Transfer Deed. Our divorce will not be complete until July and I really would like to lock in my loan. P.s we are not on speaking terms, so this makes it twice as hard.

Really Confused!!!

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Icon Mini Profile jameshogg
jameshogg




Joined: 20 Dec 2005

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Post Posted: Tue May 18, 2010 9:15 pm    Post subject:
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Hi Guest,

As California is a community property state, though your husband is not on the title of the property, he will be having rights to that property. You can ask your divorce attorney to contact your husband and get the interspousal transfer deed signed.

Thanks
Icon Mini Profile mgchurchill





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Post Posted: Wed May 19, 2010 6:16 pm    Post subject: Interspousal Transfer Deed
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What if my divorce attoryney cannot locate him and if the attorney does was to finally contact, what happens if he refuses?
Icon Mini Profile Niicss
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Post Posted: Thu May 20, 2010 2:31 am    Post subject:
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If your husband refuses to sign the deed, then he will be considered as one of the owners of the property.
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friend of the family

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Post Posted: Sun May 23, 2010 5:28 pm    Post subject: Interspousal Transfer Deed
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A freind gave me the information I needed. Thanks for responding, their is a loop that I can go through. Again he is not on title...
joe cruz

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Post Posted: Fri Jun 11, 2010 1:22 pm    Post subject: interspousal transfer deed
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Can tthis type of transfer be done if my wife and I are not divorced? I just want to transfer my property over to her just incase i die.

joe
Icon Mini Profile adonis
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Post Posted: Sun Jun 13, 2010 11:54 pm    Post subject:
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Hi joe,

You can use a quit claim deed in order to transfer the property to your wife. You don't need an inter-spousal transfer deed in this regard.

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Icon Mini Profile rita2
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Post Posted: Tue Jun 22, 2010 6:47 am    Post subject:
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Hi Joe,

Yes, you can transfer the property to your wife by signing a quit claim deed. After the quitclaim your wife will be the sole owner of the property. However, if there is any mortgage in the property then either your wife need to re-finance the loan in her name or else you will remain responsible for the loan.
Hope this will help you.
tanner

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Post Posted: Sun Sep 26, 2010 11:19 pm    Post subject: quick claim and loan implications
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There must be a provision if you do not qualify to refinance the loan.I have a similar situation and was told that if she can't qualify to refinance the loan,she can be forced to sell the home,and you will have to make the payments in the meantime(To Protect Your Credit) if she feels she will lose the home anyway.I hope someone else can shed some light on this matter.
Meg DiNapoli

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Post Posted: Wed Sep 29, 2010 1:33 pm    Post subject: Interspousal Transfer Deed
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Can you send me an Interspousal Transfer Deed via email?
Icon Mini Profile adonis
adonis




Joined: 22 Oct 2005



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Post Posted: Thu Sep 30, 2010 1:34 am    Post subject:
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Hi tanner,

If you're unable to refinance the mortgage, you should contact your lender and apply for a novation which is one of the ways to transfer mortgage from one person to another.

To Meg,

It won't be possible for me to send you an inter-spousal transfer deed via e-mail. You should contact your real estate attorney and he will help you in drafting the deed.

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Annette

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Post Posted: Wed Jan 05, 2011 6:30 pm    Post subject: quit claim/divorce
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My husband and I are still married but separated, his name is on the title but not the mortgage. He wants $15,000.00 and he will sign a quit claim. Do I need to get a divorce to remove his name from the title? Is refinance or 2nd mortg the only option for removal of his name as well getting the $15,000.00?
Icon Mini Profile smithsussane
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Post Posted: Wed Jan 05, 2011 11:18 pm    Post subject:
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Hi Annette!

Welcome to forums!

It is not mandatory for you to get a divorce in order to remove your husband from the property title. You will have to refinance the mortgage in order to remove your husband's name from the loan.

Feel free to ask if you've further queries.

Sussane
Health#1

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Post Posted: Mon Jan 16, 2012 3:37 pm    Post subject: Bankruptcy and Buying a NEw Home
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Me and my husband have been seperated for 5 months. He is buying a house but during this time I need to file bankruptcy. Now we are divorcing I have signed a interspousal deed. How will that affect his buying house is n escrow.
Icon Mini Profile smithsussane
smith.sussane




Joined: 18 Sep 2008

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Post Posted: Mon Jan 16, 2012 11:36 pm    Post subject:
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Hi Health!

Welcome to forums!

As you have signed an inter-spousal deed, it will be easier for him to buy a property. You won't have any rights on the property he buys and your creditors won't be able to go after him for recovering any debts.

Feel free to ask if you've further queries.

Sussane
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