Legal Question in Real Estate Law in Montana

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.

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.