Pomona, CA asked in Divorce and Real Estate Law for California

Q: I am married I want to get divorced. We have a morgage together. I dont want money from the house. i just want to leave.

He makes majority of the income. i heard something about a quick deed. how can I get out of the morgage?

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2 Lawyer Answers
Manuel Alzamora Juarez
Manuel Alzamora Juarez pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Berkeley, CA
  • Licensed in California

A: A quick claim deed transfers your rights on the property to your husband but that act alone does not relieve you of your mortgage obligation. The best course of action is. Not to give up on your rights to the property. Have your lawyer enforce your marital rights to the property and then negotiate a buyout where your husband gets a new mortgage and takes you out of title. Also, ask for spousal support for life if your marriage is over 10?years. Best of luck.

Lorna M. Jaynes
Lorna M. Jaynes pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Palo Alto, CA
  • Licensed in California

A: If you are willing to give up your financial interest in the house it is your right to do so but I don't recommend conveying your interest in real property if you are still on the mortgage. If your husband did not pay, the lenders would seek payment from you and also, the loan would be on your credit report and likely limit your ability to obtain any other loan. So, it would be important before conveying your interest in the property for your husband to refinance all debt associated with the property in his sole name.

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