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My father was recently divorced and the exwife was awarded the house in the divorce settlement. She has been living in the house
A quit claim deed was supposed to be done by my father's lawyer, but it was not. Now he is in receipt of a foreclosure letter, the exwife is not paying the house payment.
However he is paying her spousal support - which was "assumed" she would use towards paying for the house. It is ruining his credit.
If SHE files a quit claim first, what rights does my father have to the house?
Nothing?

jenkin7 · Posted: Thu Nov 08, 2007 10:16 pm Post subject:

Hello Jill,

A quit claim simply transfers the ownership rights and not any financial liabilities.

If your father is there on the mortgage, he is responsible to make the payments. Even if his ex-wife doesn't file a quit claim, the loan will still be on your father's name.

The mortgage had to be refinanced in his ex-wife's name in order to make her responsible for it.

Guest

My soon to be ex-husband has decided to sign a quit claim deed to the house. The first mortgage has been refinanced in my name only. The home equity line in still in both of our names. Equity is minimal. If he signs this quit claim deed would he have rights to the house during the final divorce procedures?

Caron · Posted: Thu Aug 28, 2008 4:53 am Post subject: RE:

Hi Cindy,

Welcome to our forums.

Once your ex-husband signs on the quitclaim deed, he shouldn't have rights to the house during the divorce procedures. But he still remains on the home equity loan. Does he intend to continue the payments even after the quitclaim deed is recorded?

liaoyu03 · Joined: 09 Sep 2007 Posts: 166 4.48 Dollars($)

if he sign a quit claim deed to tansfer his property to you, then ,he will lose the ownership to the property.
you can check here:
http://www.mortgagefit.com/quitclaim/home-equity.html

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DIVORCE -QUIT CLAIM DEED -RIGHTS TO HOME