Posted on: 01st Feb, 2010 09:53 am
Can a wife in a divorce with a quit-claim deed "will" the property to anyone she wants to if the ex-husband is still on the mortgage? I'm in Calif., a community property state.
Hi,
If the property has been transferred to the wife through a quitclaim deed, she can will the property to anyone she likes. However, she will not be able to transfer the mortgage liability. She will remain responsible for the mortgage even after giving the property to someone else through a will until the mortgage is refinanced.
If the property has been transferred to the wife through a quitclaim deed, she can will the property to anyone she likes. However, she will not be able to transfer the mortgage liability. She will remain responsible for the mortgage even after giving the property to someone else through a will until the mortgage is refinanced.