Legal Question in Real Estate Law in California

quick or quit deed

a friend told me i can quick deed my home that i aquired with my spouse only 1 month ago and we are divorceing he resides in the home and i dont want to hurt my credit so can i quick deed it to my spouse i dont want anything from the home i just want out?


Asked on 10/24/06, 12:39 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: quick or quit deed

Actually, it's "quitclaim" (one word).

Quitclaiming at this point would not accomplish much and could compromise or forfeit bargaining power in your upcoming divorce. I don't know the circumstances, but even in the most amicable divorces, there is likely to be some negotiation about how property is to be divided and who is responsible for which debts (as between the parties). I don't do divorce law, but I'd speculate that the judge could order the property to be refinanced to take your name off the loan, perhaps in exchange for your agreement to quitclaim your half interest.

I'm inclined to think you should keep the half interest, get a divorce attorney, and cook up a strategy for the divorce property settlement that addresses your concerns. If you act rashly or without professional advice, you'll get the fuzzy end of the lollipop.

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Answered on 10/24/06, 12:24 pm
Judith Deming Deming & Associates

Re: quick or quit deed

First of all, it is a QUIT CLAIM Deed, not a QUICK Deed (this error drives me crazy!). Secondly, you can quit claim your ownership interest in the house if you want, but if you signed on a loan, you will still be on the loan whether or not you still hold an ownership interest in the house. If you ARE on a loan, the lender will not let you off the hook on that loan until it is refinanced or the proprty is sold to someone else.

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Answered on 10/24/06, 12:59 am


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