Legal Question in Real Estate Law in Montana

Quit Claim Deeds in Divorced couples Real Estate

If a man divorces a woman and he signs a quit cliam deed to their home for her and finds that she is not paying the morgage on the home and the bank is comming after him for the amounts owed ,Is the quit claim deed still valid ? can he evict her from the home ? What can he do that can result in ither getting the house back or having her pay it off with out it hurting her credit or his ?

I know there is more then one question and I hope someone can help me with the answer if anyone knows it ( the bank says it means nothing (quit claim deed) and he is still responsible for the amounts owed ) Thank U for any information UNI

Asked on 10/15/99, 2:13 pm

2 Answers from Attorneys

Donald Jones Harrison, Loendorf, Poston & Duncan, P.C.

Re: Quit Claim Deeds in Divorced couples Real Estate

Assuming your name was on the mortgage and/or note used to purchase the home, a simple quit claim deed to your wife will not relieve your obligations for payment on the mortgage. At the

time you executed the quit claim deed, you also should have required your wife to refinance the house in her name only in order to eliminate your obligations on the mortgage. You can't simply "evict" your wife. You would have to begin legal proceedings and obtain a judgment against your

wife before your could attempt to foreclose on the house your wife now owns. I hate to be the

bearer of bad news, but it appears you are in the unfortunate position of owing an obligation on a

house that you do not own.

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Answered on 10/15/99, 4:46 pm
Phillip Oliver Oliver Law Firm, P.C.

Re: Quit Claim Deeds in Divorced couples Real Estate

I assume your name is on the note with the bank. If so, the quit claim deed to your ex-wife does not relieve you of your original obligation to the bank even if your divorce decree states that she must make the payment. However, the "mortgage", may be entitled a "Trust Indenture" or a "Deed of Trust" and if so, the bank's sole recourse is probably against the property. You will have a black mark on the credit report but you can also file an explanation with the credit reporting agency that your ex-wife was responsible by order of the court and she didn't make the payments.

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Answered on 10/15/99, 7:15 pm

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