quit claim deed and divorce in CA
Please let me know if a wife signs a quit claim deed to the house husband and wife purchased during the marriage, after their seperation and before the divorce papers are filed, and the husband acquires a mortgage in his name only, would the wife ever be liable for the payments on this new mortgage if the husband defaulted on the mortgage? Can a spouse acquire a mortgage in his name only in a community property state? Isn’t it still community prop.?
Re: quit claim deed and divorce in CA
Whether or not you gave up your community property interest in the house when you signed and delivered the quit claim deed to your then estranged husband.
Your problem will be proving that you did not transfer the property to him as his separate property. That will depend on what was put on the quit claim deed.
Lyle Johnson
Lyle W. Johnson Attorney at Law
152 N. Third Street, Suite 510
San Jose, CA 95112
Re: quit claim deed and divorce in CA
The wife would not be liable for payments on the mortgage when the name of the property is in the husband’s name and when he takes out the mortgage only in his name.
Although you are in a community property state, a spouse does not become liable for the individual debts of the other spouse. Community property rights give the spouse rights in the property, not obligations to pay.
The mortgage can be taken regardless of the marriage status of the parties. A mortgage is an agreement to loan and pay back money between two or more people. If the spouse does not sign on the mortgage, the spouse is not liable.
The real question here is whether the wife still has an interest in the home after issuing the quit claim deed because of the community property rights. Assuming that the divorce occurred shortly thereafter, probably not. However, if the marriage lasted for a while after the quit claim she may re-acquire an interest.
Alvin Lundgren
Alvin R. Lundgren, L.C.
5015 W. Old Hwy 30 Ste 200
Mt. Green, UT 84050-9752