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My wife unknowingly signed a quitclaim for a mortgage on a…

Customer Question
My wife unknowingly signed...

My wife unknowingly signed a quitclaim for a mortgage on a house I had separate title to years ago and when she brought it to my attention I did not change it by putting her name on the deed. We are now divorcing. Is she now a co-owner of the house and am I'm a perpetrator of fraud?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

About the divorce?

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
1/30/2018
Real Estate Lawyer: Barrister, Lawyer replied 4 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,159
Experience: 17 years real estate, Realtor. Landlord 26 years
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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Real Estate Lawyer: Barrister, Lawyer replied 4 months ago

When she signed the quitclaim deed, that would transfer any interest that she had in the property to you, making it your sole and separate property and waiving any interest that she had in it.

.

So whether it was knowingly or unknowingly, she should have paid attention to what she was signing as she will have a hard time claiming it was a mistake now if this happened long ago.. If a person is mentally competent, they are presumed under the law to have read and agreed to any legal document that they sign.

.

.

thanks

Barrister

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