Belmont, CA asked in Divorce, Estate Planning and Family Law for California

Q: Spouse asks permission to refinance the house, does it mean I have some financial obligations?

Hello, When we were married, my wife bought a house and asked me to sign some documents, which I thought were just my waiving rights to the house in case we got divorced, and because I was stupid enough to completely trust her at the time I didn't read what I signed nor got any copies of those documents. Then, when we were in the process of getting divorced she asked my permission to refinance the house. Does that mean that I signed some financial documents and have financial obligations in regard to the house? And if I do, how can I go about to find out what they are and cancel those obligations?

Also, I'm not sure what it is, but does my signing quitclaim deed bears any obligations on me, or not?

Thank you,

Alex

1 Lawyer Answer
Richard Samuel Price
Richard Samuel Price
Answered
  • Estate Planning Lawyer
  • Redlands, CA
  • Licensed in California

A: You most likely signed a quitclaim deed to the property transferring any interest that you had in the property to your wife. However, it is possible that the property was transmuted from separate property to community property giving you an interest in the property, even though it is in your wife's name. This is more of a family law question, than an estate planning question. I suggest seeking out a family law attorney to assist you with your divorce and the issues of this property.

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