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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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