Riverside, CA asked in Real Estate Law for California

Q: I'm trying to refinance my home and ex son-in-law, who is on my deed, does not want to sign a quick claim.

He was put on deed when I took out a 2nd mortgage when my daughter and him were married. They are now divorced and I want to refi, but he wants me to give him $10,000. to sign. He never lived in the house or was on the loan. He just signed because he was married to my daughter. I thought he was signing to be excluded from the deed.

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2 Lawyer Answers

Mr. Robin Mashal

  • Los Angeles, CA
  • Licensed in California

A: Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.

Anyone on title is presumed to have ownership interest, unless you can prove otherwise. It is possible that the divorce decree affected his interest in the property. Otherwise, you will need to negotiate and buyout his interest. Be sure to consult your own attorney to protect your legal rights.

Richard Samuel Price

  • Redlands, CA
  • Licensed in California

A: You may have to enter into a partition action in order to buy out his interest or to force him to sign over the quit claim deed.

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