Posted on: 01st Jul, 2010 05:42 pm
I am in the midst of a divorce in California. I am on the deed but not the mortgage. If I sign a quit claim so the house belongs soley to my soon-to-be-ex am I obligated to pay the mortgage. And if he forcloses will I be held responsible?
hi kmsmart!
welcome to forums!
though you sign a quit claim deed and transfer the property to your soon-to-be-ex, you'll be liable for the mortgage payments unless he refinances the mortgage in his name. if the lender forecloses the property while your name is on the mortgage docs, then the lender can come after you for the deficient balance resulting from the sale of the property. also, the foreclosure will affect your credit in a negative way and lower your score.
feel free to ask if you've further queries.
sussane
welcome to forums!
though you sign a quit claim deed and transfer the property to your soon-to-be-ex, you'll be liable for the mortgage payments unless he refinances the mortgage in his name. if the lender forecloses the property while your name is on the mortgage docs, then the lender can come after you for the deficient balance resulting from the sale of the property. also, the foreclosure will affect your credit in a negative way and lower your score.
feel free to ask if you've further queries.
sussane
Sussane,
I believe you mis-read my question - I indicated I am NOT on the mortgage, I was only on the deed and I signed a quit claim. Will I be lable for the mortgage?
I believe you mis-read my question - I indicated I am NOT on the mortgage, I was only on the deed and I signed a quit claim. Will I be lable for the mortgage?
Hi ksmart,
If your name is not on the mortgage docs, then you won't be liable for the loan payments.
Thanks
If your name is not on the mortgage docs, then you won't be liable for the loan payments.
Thanks
Even if the house was bought while we were married?
Hi ksmart,
As the property was purchased after marriage and as California is a community property state, you will be liable for your spouse's debt.
Thanks,
Jerry
As the property was purchased after marriage and as California is a community property state, you will be liable for your spouse's debt.
Thanks,
Jerry