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cramatjm · Joined: 21 Jun 2011 Posts: 1 1.38 Dollars($)

Hi, I am legally separated from my husband. I have been for 2 years. He just contacted me and wants me to sign a quit claim deed. I filed bankruptcy in November 2010. I left him in May of 2008 with my daughter, clothes and our pets. In the bankruptcy I listed the bank that holds the mortgage as a debtor. He has recently filed bankruptcy and the house is in forclosure and he wants me to file this claim?

chrisgummerson · Posted: Tue Jun 21, 2011 9:01 am Post subject:

The quitclaim will remove you from title to the property. Doing so, maybe he is trying to save you from the foreclosure. You are basically giving up ownership when you file a quitclaim. If you are still on the loan, then quitclaim will not remove you from the loan, only title. To be removed from the loan, you would have to refi or sell the property.

gmakerley · Posted: Tue Jun 21, 2011 6:59 pm Post subject:

Signing a quit claim deed simply because your ex-husband asked you to do so would be downright foolish. If you have legal questions - and you obviously do - then you ought to be speaking with a legal expert - commonly known as a lawyer. that's where you'll find out what to do to ensure that the home is protected; that you're protected; and that

gmakerley · Posted: Tue Jun 21, 2011 7:01 pm Post subject:

What did I just do?

I sent out that last sentence half-baked! I just noticed this and can't recall what my train of thought was...sorry, kids!

jameshogg · Posted: Tue Jun 21, 2011 10:03 pm Post subject:

Hi cramatjm,

As you have already filed bankruptcy and received a discharge, you won't be liable for the debts in any way. If you sign the quitclaim deed, you will lose the right to live in that property. If you don't have any problems with that, then you can sign the quitclaim deed and transfer the property to him.

Thanks

gmakerley · Posted: Wed Jun 22, 2011 9:54 am Post subject:

James, by signing a quit claim deed, she wouldn't be forfeiting her rights to reside in the home...she'd be giving up her ownership rights.

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Should I sign a Quit Claim deed?

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