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    Crazy1990's Avatar
    Crazy1990 Posts: 1, Reputation: 1
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    #1

    Jan 7, 2013, 04:29 PM
    Help my ex wife did a quit claim deed but the mortgage is in my name.
    My divorce was final in 2011, my wife stayed in the house making payments but decided to do a quit claim deed and stop making mortgage payments. (My name is still on the mortgage is there anything I can do)?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Jan 7, 2013, 04:39 PM
    What does your divorce decree say regarding the mortgage? Your lawyer should have made sure that she got a mortgage in her name. Otherwise you are stuck with it, or you default, or you sue her, or you sue your lawyer...
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jan 7, 2013, 04:59 PM
    If your name was and remains on the mortgage note, you continue to be obligated to make sure that the payments are made.

    She quit-claimed it to you?
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #4

    Jan 7, 2013, 04:59 PM
    The first person you should be contacting is the attorney who handled your divorce. There should have been something in the divorce stating that she had to get a mortgage in her own name. If not, then the property should have come back to you in the event she decided to leave the property. Contact them immediately.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jan 8, 2013, 04:48 AM
    A quit claim deed passes title to a property from the owner to another person (or persons). For her to legally sign a quit claim deed, means she was the only owner of the property. Did you deed the property to her in the divorce?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Jan 8, 2013, 05:15 AM
    Yes not enough information given, when and was your name on the deed ? Is it still on the deed?

    She can not merely deed it over to someone with a mortgage on the property. Who did she deed it to, was it a family member, did she claim to sell it ?

    What about your name is it still on the deed.

    But yes, if she never got a new mortgage, and it is in your name, you still owe for it, so you should not have signed over the home to her ( if you did) until a new loan was done.

    Your divorce attorney should have been handling all for that
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