Posted on: 03rd Jan, 2008 12:38 pm
If I Quit Claim home to my husband in a divorce and I am not released from the Mortgage if he defaults or his heirs default after his death do I have recourse to reclaim the property and take up the payments?
Hi,
Welcome to the forum.
It is very difficult to reverse the quitclaim deed if once you have signed the quitclaim deed. You have to prove that the transfer of the deed was invalid.
Before signing the quitclaim deed you should request your husband to release you from the mortgage by taking the mortgage on his name only.
Feel free to ask if you have any further questions
Best of luck,
Larry
Welcome to the forum.
It is very difficult to reverse the quitclaim deed if once you have signed the quitclaim deed. You have to prove that the transfer of the deed was invalid.
Before signing the quitclaim deed you should request your husband to release you from the mortgage by taking the mortgage on his name only.
Feel free to ask if you have any further questions
Best of luck,
Larry
is there no legal representation in this divorce?
if you are still on the mortgage you better hope that that mortagge gets paid every month on time or your credit will be hurt. if you quite claime yourself off the title you essentially loose all ownership rights to the house and as mentioned before getting that reversed is very difficult. your ex husband or hisc heirs should refinance or try and get a novation to remove your from the mortgage before you sign any quite claims,.
You have no rights to the property, but are responsible for paying the mortgage. The only way you can reclaim the property is wait for the foreclosure, then pay off the mortgage.
You are still currently responsible for the mortgage payments if he defaults. I would have him refinance the property into his name only asap. This could turn into a mess later down the road.