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N Cal Attorney
N Cal Attorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 9214
Experience:  Since 1983
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My friend's husband is in jail....not sure for how. She has

Customer Question

My friend's husband is in jail....not sure for how long. She has three kids and the house is only in her husband's name. Her lawyer told her that she wouldn't be able to get a quitclaim deed because she wasn't on the original mortgage. Does she have any recourse?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Connecticut
JA: Has anything been filed or reported?
Customer: I don't know for sure but this was all she told me
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Law Tutor, Esq replied 4 months ago.

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Expert:  Law Tutor, Esq replied 4 months ago.

Hello. I asked for additional information from you yesterday. However, it appears that the request did not go through. I will opt out and another professional can help you if you still need help.

Expert:  N Cal Attorney replied 4 months ago.

New Expert here.

The lawyer who said that is wrong, a person who owns property can sign a quit claim deed to anyone whether or not the grantee is named on the mortgage. And because the grantee is the spouse of owner, the lender has to let her assume the mortgage, see item 6 at

http://www.reiclub.com/articles/no-due-on-sale-jail

He can sign a joint tenancy deed or a tenants in common deed if he wants to remain on title.

I hope this information is helpful.

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