California Family Law - Can a quit claim be used to take a husband off the deeds of the houses?
Mark asked:
With an impending divorce, the wife wants to take the husband’s name off the two properties they both own, so that he cannot claim it as an asset. (Understanding that liability for the loan is a different issue.) What happens if he does sign it? Will it hold in a court of law? The wife doesn’t want the husband’s future wife or stepchildren to have any part of the proceeds.
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With an impending divorce, the wife wants to take the husband’s name off the two properties they both own, so that he cannot claim it as an asset. (Understanding that liability for the loan is a different issue.) What happens if he does sign it? Will it hold in a court of law? The wife doesn’t want the husband’s future wife or stepchildren to have any part of the proceeds.
March 22nd, 2009 at 2:30 am
If the husband signs the quit claim he effectively has no ownership of the property, but in the same regards if the loan on the property goes into default by California law he will be responsible. I had this happen myself. My ex wanted me to quit claim the house in exchange for him paying all of the outstanding bills…he said he would fix it up (it needed some repair) and sell it and pay the bills. 10 years later I filed bankruptcy and he still has the house and is on marriage number three. I don’t recommend quit claiming anything obviously…my prayers are with you =)
March 24th, 2009 at 1:09 pm
A quit claim deed is used to basically quit any claims on the housing rights. In other words, the Quit Claim Deed relinguishes the signer (or in this case, the husband) from any rights to the home meaning, equity, refinances, selling, etc.
If he doesn’t want to sign, you could always issue a Lis Pendens. A Lis Pendens holds the property until further notice, meaning he cannot sell or do anything to or with the property. You can get further information from your County Recorder’s office or from a Family Law attorney.
March 26th, 2009 at 8:46 am
They obviously both have attorneys by now so the legal beagles should be earning their keep by answering this for you!
Just and FYI, if you do a quit claim and he signs it, the court can STILL do what they like with assets if they decide it was a fraudulent transaction, meaning done to basically screw the other party or hide assets the court is supposed to be ruling on. Just because its signed doesn’t mean its binding when you’re in the middle of a court action.
Ask your attorney the best course of action, CA law is M-E-S-S-Y when it comes to divorce! Good luck.
March 29th, 2009 at 10:42 am
You will get the property and the payments converted to you if you change all proper paper work. It is yours and he is out of your life forever. Don’t worry about future wifes and children. Make sure he quit-claim it to you.
Silver Birch