Quick Claim Deed

Hi Lady T,

Welcome to the forum.

If he can quitclaim the property to you then it will not be much of a problem to get a loan. Consult with him ASAP and request him to quitclaim the property to you and take the mortgage on your name.

Best of luck,
Larry

Oh I'm sorry, we want to buy a home together, we do not own any property together yet, nor do they. Will he be able to quick claim the property before the close of esrow? If we purchase one together?

Thanks for your response

Lady T,

What I feel is, your spouse is trying to make his ex sign over a quitclaim deed and give up any interest in property that she could have received because of California being a community property. But if she has abandoned the marriage, how does it affect? I don't think signing of quitclaim deed is not required.

You might check with an attorney dealing with marriages and divorce, as to how abandonment of marriages affect the other spouse getting a new property. May be if there has been separation for a number of years (the number vareis from state to state), then the ex-wife need not sign a quitclaim deed. But may I ask you, is the separation done legally through paperwork or it's just that they stay apart?

Take Care

There has been divorce papers drawn up in the year of 2002, the case is just sitting, the attorney isn't reacting on it, He has asked for closure and no one is doing anything. Its strange that this can just sit in the courts for six years. My future husband wants to move on with his life. The other person refuses to sign the divorce papers, jsut holding on for what reason I dont know. She actullay filed in the year of 2002. I suggested that he get an attorney in Californai, to communicate with the attorney in Mississippi.

:)
Lady T

Hi Lady T,

The best thing that your partner should do now is to consult a divorce attorney and find out a way by which he can make his ex-spouse sign over the divorce papers or else it will be too late.

There can be differences in California and Mississippi divorce laws. So, if possible try to consult an attorney who's aware of the laws in Mississippi.

Hope this helps...

God bless you.

Samantha

Samantha, thanks for yur comments. Are you saying that the divorce may have to be filed all over again?

This is what he wants to do, have an attorney here in California communicate with the attorney in Mississippi.

Let me know what you mean by being too late. We dont need another problem

Thanks

Lady T

I was wondering if originally we took out a mortgage in both our names, then years later I refinanced in my name only, My husband is still on the deed and now he is willing to sign a new deed in my name only, what is the best way to do this? Quick Claim? And also what monetary consequences will it cost me? In other words, is there a way to transfer the deed without being taxed between husband and wife?

Hi Joey.

Welcome to the forum.

You can use a quitclaim deed or even an Interspousal Transfer deed so that your husband can transfer the property to you. BTW your husband may have to pay the gift tax as he is transferring or gifting the property to you. But he may get gift tax exemption. Check out the gift tax exemption limit at http://www.mortgagefit.com/gift.html#exemption

Feel free to ask if you have any further questions.

Best of luck,
Larry