Posted on: 20th Jun, 2007 01:33 pm
I am in the middle of a divorce in California. My soon to be ex and I are selling our current home. I am purchasing a new home in my name only before the divorce is final and would like to know if my ex will have to sign a quit claim in order for her not to have any interest in my new property.
You will need to discuss this matter with your divorce attorney to determine if assets purchased before the dissolution of a marriage will be considered a co-mingled asset.
From a financing standpoint, if your ex isn't on title or on the mortgage, then she has no liability or entitlement---however, legally is another story altogether...
Regards,
Scott Miller
From a financing standpoint, if your ex isn't on title or on the mortgage, then she has no liability or entitlement---however, legally is another story altogether...
Regards,
Scott Miller
"I am in the middle of a divorce in California. My soon to be ex and I are selling our current home. I am purchasing a new home in my name only before the divorce is final and would like to know if my ex will have to sign a quit claim in order for her not to have any interest in my new property."
Mortgage company while considering your loan can ask for your wife to sign a interspousal transfer deed or a quit claim deed even if she is not on the title of this new house.
Mortgage company while considering your loan can ask for your wife to sign a interspousal transfer deed or a quit claim deed even if she is not on the title of this new house.
Hello Mr. "Q",
If you are the sole signatory of the property, then, I think there is no reason for your ex to sign a quitclaim deed. But, if you both have signed a pre-nuptial agreement, which has a clause that any property you own, your ex has a share to it, then, she would have to sign a quitclaim deed in that case.
If you are the sole signatory of the property, then, I think there is no reason for your ex to sign a quitclaim deed. But, if you both have signed a pre-nuptial agreement, which has a clause that any property you own, your ex has a share to it, then, she would have to sign a quitclaim deed in that case.