If my husband and I are separated and he wants me to sign a quitclaim deed for his loan modification, should I?

I will sign if there are no negative consequences.

Asked on December 13, 2011 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not there will be no negative consequences if you give your husband a quitclaim deed to a piece of property you own (and will no longer own due to the quit claim) depends upon numerous factors such as if you remain or no longer remain on the loan to the property.

Most likely a loan modification will be a benefit to you and your husband in that the monthly payments would be lowered on the home and possibly the principal balance. Before you sign anything, you should first consult with a real estate attorney about the situation you are writing about.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.