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?

Related Topics:
2 Lawyer Answers
Manuel Alzamora Juarez
Manuel Alzamora Juarez
Answered
  • 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
PREMIUM
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.