Complaint Review: California Quit Claim Laws

Beware of Quit Claim Real Estate laws in California. This law is very misleading in that a Quit Claim only releases interest in the property, not financial responsibility.

I am currently in the process of buying a house but have been hampered because our credit reports still show my wife's ex husbands property. The divorce decree shows he has sole ownership of the property, and we filed a Quit Claim deed shortly after. However, according to our attorney my wife is still liable for the debt of her ex-husband even though she doesn't have an interest in the property anymore. The mortage people will still come after her if her ex misses any payments. The only way out of this is if the ex refinances the house or sells it. Which obviously he won't do---I don't you know of any ex-spouse who would be THAT accomodating.

If someone tells you Quite Claim in CA will disolve all ties with house etc. of ex spouse, they are in error.

Harold
Yuba County, California
U.S.A.