What to do if I quitclaim deeded the marital home to my ex-husband, but I’m still on the mortgage?

UPDATED: Oct 19, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 19, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if I quitclaim deeded the marital home to my ex-husband, but I’m still on the mortgage?

I had to force him to sell the house through filing a lawsuit but it never went to a hearing because he finally hired a realtor. Now the closing attorneys are telling me I have to dismiss the lawsuit with prejudice for when the buyers purchase title insurance. This firm has already deceived me and left me out of the loop more than once. I would like to know I have the ability to proceed with a lawsuit, if I decide to, after the house closes and the title has exchanged hands.

Asked on October 19, 2012 under Real Estate Law, Washington


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the home is being sold to a third party where both you and your "ex" have signed a listing agreement to do so and you are noth in contract, then there should be no issue with the sale going through assuming the buyers get a new loan to purchase the property and that there is enough equity in it to allow all secured lenders to be paid off.

I suggest that you consult with an independent real estate attorney to assist you in your matter in that your question is somewhat vaguely written to give you a concrete answer.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption