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If I Quit Claim home to my husband in a divorce and I am not released from the Mortgage if he defaults or his heirs default after his death do I have recourse to reclaim the property and take up the payments?

larry · Joined: 27 Jun 2007 Posts: 3322 474.67 Dollars($)

Hi,

Welcome to the forum.

It is very difficult to reverse the quitclaim deed if once you have signed the quitclaim deed. You have to prove that the transfer of the deed was invalid.

Before signing the quitclaim deed you should request your husband to release you from the mortgage by taking the mortgage on his name only.

Feel free to ask if you have any further questions

Best of luck,
Larry

gmakerley · Posted: Thu Jan 03, 2008 2:02 pm Post subject:

is there no legal representation in this divorce?

jasonredding · Posted: Fri Jan 04, 2008 10:53 am Post subject:

If you are still on the mortgage you better hope that that mortagge gets paid every month on time or your credit will be hurt. If you quite claime yourself off the title you essentially loose all ownership rights to the house and as mentioned before getting that reversed is very difficult. Your ex husband or hisc heirs should refinance or try and get a novation to remove your from the mortgage before you sign any quite claims,.

jheard · Posted: Fri Jan 04, 2008 3:00 pm Post subject:

You have no rights to the property, but are responsible for paying the mortgage. The only way you can reclaim the property is wait for the foreclosure, then pay off the mortgage.

lisascherzer · Joined: 04 Jan 2008 Posts: 755 1.12 Dollars($)

You are still currently responsible for the mortgage payments if he defaults. I would have him refinance the property into his name only asap. This could turn into a mess later down the road.

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