Posted on: 01st Feb, 2010 10:02 am
Can the wife in a divorce with a quit-claim deed "will" the property to anyone she wants if there's still a mortgage with the ex-husband still on the mortgage? I'm in Calif.
Hi cjbuchen,
If the property is quitclaimed to the wife during divorce, she is the legal owner of the property and has the right to transfer it to anyone she wants. However, there's a mortgage on the property. She will remain responsible for it even if she signs over the ownership to someone else. Thus, she can will the property to whoever she wants, but this will not relieve her from the liability of the mortgage.
If the property is quitclaimed to the wife during divorce, she is the legal owner of the property and has the right to transfer it to anyone she wants. However, there's a mortgage on the property. She will remain responsible for it even if she signs over the ownership to someone else. Thus, she can will the property to whoever she wants, but this will not relieve her from the liability of the mortgage.