Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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: 7 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
1/30/2018
Real Estate Lawyer: Barrister, Lawyer replied 7 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,611
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

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.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Barrister, Lawyer replied 7 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

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,611
43,611 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

43,611 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
A single family house is about to be sold soon, in Ohio. The
A single family house is about to be sold soon, in Ohio.The property Deed is solely in the husbands name. On the Mortgage Note, the Husband signed, and the wife signed beside it. Under the wife's sign… read more
Barrister
Barrister
Lawyer
Doctoral Degree
43,611 satisfied customers
What is the charge for your help? Fair enough, but how do I
fair enough, but how do I calculate about how much the final bill will be? I don't want anyone disappointed in the end … read more
Barrister
Barrister
Lawyer
Doctoral Degree
43,611 satisfied customers
My wife unknowingly signed a quitclaim for a mortgage on a
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 n… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
My husband's ex-wife was ordered to sign a quitclaim deed as
My husband's ex-wife was ordered to sign a quitclaim deed as part of divorce proceedings/settlement. 6 years later, my husband tried to re-finance the home only to find that the title company (now def… read more
Barrister
Barrister
Lawyer
Doctoral Degree
43,611 satisfied customers
I have rental houses that my Father left me, my sister and
I have rental houses that my Father left me, my sister and brother. Three of us own one third interest in each of the 20 properties. We are going to sale 7 of the houses. These houses have been in our… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
Need Quiet Title on account of estranged wife's actions and
Need Quiet Title on account of estranged wife's actions and inactions. Moved back to the US in 2011. Bought a house in Lilburn, GA in July 2011. My brother in law was my agent and together with estran… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My wife and I would like to purchase a small house that her
My wife and I would like to purchase a small house that her mother owns. There is currently a mortgage of $130,000 on the property. The house will appraise for about $190,000. It is not the mothers pr… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
2,528 satisfied customers
Wells Fargo is suing me over a document that has to do with a “Quiet Title”. They've
Wells Fargo is suing me over a document that has to do with a “Quiet Title”. They've opened a law suit and placed a “Notice of Default” on my property. I think it stems from either; a missing document… read more
Barrister
Barrister
Lawyer
Doctoral Degree
43,611 satisfied customers
Hello, I have a question regarding the sale of a property.
Hello, I have a question regarding the sale of a property. I live in California, and I am a co-borrower on a home with an ex-girlfriend we purchased the property in mid2012. In late 2012 I was in a fi… read more
Barrister
Barrister
Lawyer
Doctoral Degree
43,611 satisfied customers
Heres my situation; The owner of the house is deceased. The
Here's my situation; The owner of the house is deceased. The mortgage was and still is in the name of the mother of the deceased. I have a quitclaim deed for this property/house and I've been paying t… read more
mkc1959
mkc1959
Attorney
Doctor of Jurisprudence
616 satisfied customers
My ex wife and I separated 3 years ago...she basically left
My ex wife and I separated 3 years ago...she basically left me with everything including house and mortgage to deal with. I had to pay bills and all expenses and yes i fell behind both with medical bi… read more
Barrister
Barrister
Lawyer
Doctoral Degree
43,611 satisfied customers
my soon to be exwife is moving to Kentuky and is buying a home.
my soon to be exwife is moving to Kentuky and is buying a home. The lender told her sents we are still married I need to sign a Quit claim deed, and when the divorce is final they will take my name of… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
I wanted to refinance my house but didnt have enough income
I wanted to refinance my house but didn't have enough income to qualify. I live in Washington state. My mortgage broker said that my life partner who lives with me could "co-sign" for the loan. His in… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Greetings, I was divorced in 2006, refinanced home to buy
Greetings, I was divorced in 2006, refinanced home to buy out x-wifes interest in marriage. Now I'm trying to refinance again to lower my payments. Refi company say's they can see a warranty deed wher… read more
Barrister
Barrister
Lawyer
Doctoral Degree
43,611 satisfied customers
I live in fremont county colorado. I have a question regarding
I live in fremont county colorado. I have a question regarding a house that was tied up in a divorce. In the divorce decree and attached seperation agreement everything in regards XXXXX XXXXX house wa… read more
Barrister
Barrister
Lawyer
Doctoral Degree
43,611 satisfied customers
My daughter and her husband went through a divorce a year ago.
My daughter and her husband went through a divorce a year ago. His name was on the mortgage and all the financial applications because she was unemployed and a stay at home mom, but her name was on th… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,947 satisfied customers
I married a woman who has a quick claim deed to the house her
I married a woman who has a quick claim deed to the house her ex husband bought and got the mortgage on. His name is XXXXX XXXXX the mortgage. he lives in Vevezuala and has signed over all interest in… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,947 satisfied customers
My ex-wife refinanced our home, before our divorce, she took
My ex-wife refinanced our home, before our divorce, she took out all equity and spent it. When the title companysentord thatI was to sign, she and her banker got another title company. She also forged… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x