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Question re. a Quit Claim Deed!!!

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blond4u67

Junior Member
Here's a little bit about my situation. My ex and I were divorced on Jan 14, 2010. The divorce was uncontested and went into default on his behalf. Since Ca is a joint community property I was awarded half the interest on his sole and seperate property. I am on the interspousal transfer grant deed but not on the mortgage/loan.

My then Attorney had written me a letter of entry of judgment on that day that I was awarded half the property and you referring to me that the house is upside down therefore you might want to postpone or wait to see if the value of the house goes up. I really don't want the house anyway because there is no equity in it so therefore I would get nothing anyway. He has been stating to me for the last 3 weeks the house is in forclosure but I checked with the recorders office out here and they have no listing of it being in forclosure or default. My Attorney did not mention anything what so ever about me signing over a quit claim deed to him. He did mention 1 thing to me if the house is in forclosure he said it doesn't matter if you sign it or not because I'm not on the loan and don't owe anything.

He's telling me now that I need to sign over the quit claim deed to him and remove me from my half. I thought that a Quit Claim Deed had to be prepared by a Realtor or an Attorney? I don't want to sign over anything to him and then maybe get screwed later down the road by him. I don't trust him. I'm getting pulled in 2 different directions on advice. I have 4 people telling me do not sign over anything to him especially with it not being looked over/reviewed by an attorney. They said your divorce is done, over with let him worry about that, then I have 2 others telling me just sign it over to him cause you don't want anything or will not get anything out of it anyway. Does anyone out there have any suggestions on what to do? I am no longer being represented by council and that's why I am asking for advise. Thank you very much.:confused:
 


mistoffolees

Senior Member
The divorce decree awards you 1/2 the property. However, the loan is greater than the home is worth, so even if it's not in foreclosure now, you have zero equity.

Better to just sign the quit claim and be done with it. It would be more complicated if your name was on the loan, but that doesn't appear to be the case.

if you're worried that you're being taken advantage of, have your attorney review it before you sign. It shouldn't take more than about 10-15 minutes.
 

LdiJ

Senior Member
The divorce decree awards you 1/2 the property. However, the loan is greater than the home is worth, so even if it's not in foreclosure now, you have zero equity.

Better to just sign the quit claim and be done with it. It would be more complicated if your name was on the loan, but that doesn't appear to be the case.

if you're worried that you're being taken advantage of, have your attorney review it before you sign. It shouldn't take more than about 10-15 minutes.
I agree...the home has no equity. He may be trying for a home loan modification and that may be why he needs you to sign the quit claim deed. However at this point there is absolutely no advantage to you in denying him the quit claim, because there is no equity. Its not an asset at this point, its a liability.
 

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