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Old 03-20-2009, 07:41 PM
 
2 posts, read 6,641 times
Reputation: 10

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Does anyone know if when an interspousal quit claim is done is the spouse receiving the property solely responsible for the debt? The debt is a equal to both parties ..I think the debt stays with each person being responsible this will most likely be a short sale or a forclosure I'm willing to do the brain damage to try and get rid of the property but if I'm not successful i don't want to be soley responsible for the remaining debt...there will definitely be no profit there is no equity. any thoughts? Thanks
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Old 03-20-2009, 09:29 PM
 
90 posts, read 468,735 times
Reputation: 81
Are you saying you signed a quit claim without refinancing out of the debt? There are two separate issues here: You cannot get on title at first without being on the loan; all parties taking out the original loan are responsible for the loan until that loan is repaid (refied or the property is sold and the loan is repaid by sales proceeds) and are placed on title at that time (anytime a loan is done, all parties on the loan must be placed on title too). Issue two: you can quitclaim off title without refinancing; this is a "stupid" move because you then have a debt and no asset.

I don't know if I answered your question because the question is not completely clear. You are responsible for the debt if you were on the original loan and the loan has not been paid. You have the ability to quitclaim off title in the meantime, but it is never recommended someone do that. Please let me know if I've answered your question, or post what has happened instead of hypothetical.
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Old 03-23-2009, 10:38 AM
 
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,957 posts, read 22,311,234 times
Reputation: 6471
The reason for an interspousal transfer deed is in fact to allow one spouse to own and finance the property individually without recourse to the other spouse.

It's hard to understand from your post if the deed has already been recorded or if you are planning on recording one now. Also unclear is how the debt "is a equal to both parties".

Your best bet is to inquire about your situation with a real estate attorney.
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Old 04-06-2009, 11:23 PM
 
2 posts, read 6,641 times
Reputation: 10
Default hi my husband who didn't aprticipate in my avid real estate business want to take two free and clear properties sign off

Quote:
Originally Posted by alohakat View Post
Are you saying you signed a quit claim without refinancing out of the debt? There are two separate issues here: You cannot get on title at first without being on the loan; all parties taking out the original loan are responsible for the loan until that loan is repaid (refied or the property is sold and the loan is repaid by sales proceeds) and are placed on title at that time (anytime a loan is done, all parties on the loan must be placed on title too). Issue two: you can quitclaim off title without refinancing; this is a "stupid" move because you then have a debt and no asset.

I don't know if I answered your question because the question is not completely clear. You are responsible for the debt if you were on the original loan and the loan has not been paid. You have the ability to quitclaim off title in the meantime, but it is never recommended someone do that. Please let me know if I've answered your question, or post what has happened instead of hypothetical.
I'm saying that my ex husband who didn't participate in building my inventory would like to sign off since he doesn't want to pay any taxes or negative costs on some investments (he doesn't anyway )they are a little negative but there are other investors and we have to ride it out together but he doesn't just want to sign off and have me get stuck with them he'd like me to hold him harmless which i won't do he received 125k from a 2nd on one of the properties that I am starting the process to short sale but if I am not succesful in making the bank agree to what I can get and they don't forgive the debt I don't think i should have to bear the burden since he didn't work or help and has received $$$ he's on the debt. and is receiving other frree and clear properties..i think I'm safe to have him quit claim them to me as long as I don't hold harmless????
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Old 04-07-2009, 12:33 PM
 
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,957 posts, read 22,311,234 times
Reputation: 6471
Would you mind punctuating that post so we have an idea of what you're talking about? After reading it 3 times I'm still in the dark about your exact situation.

It sounds like a half an hour with a reala estate attorney would be better than getting advice in this forum.
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