Is there a way to get out of a quit claim deed?

UPDATED: Oct 1, 2022

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Is there a way to get out of a quit claim deed?

In 2013 my ex wife and I split right after buying a house. I got stuck with the house, and did a quit claim deed to my realtors girlfriend she also does real estate and the deed was her suggestion, so that I didn’t get stuck with the mortgage on single income. Being new to the real world, I had no idea

what I was getting myself into, and they took advantage of that. Now, I just got out of the military and moved into my in-law’s basement with my 2.5 year old, 7 week old, and my wife, because my debt to income ratio is so bad. My credit is excellent though. Fortunately, there has been auto payments

and the woman I quit claimed to hasnt missed one. Despite she doesnt have bad intentions to my knowledge, I spoke with her today and she has absolutely no foreseeable desire to sell the house she rents it out. The only thing I have is that we had a verbal agreement that she would sell in 4-5 years

that is now, but nothing on paper. Is there any legal action I can take whatsoever to get this house out of my name?

Asked on August 3, 2018 under Real Estate Law, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you quit claimed the property to her, then the property itself is not in your name. But that would not remove the mortgage from your name: a mortgage is a contract between you and the lender, and you cannot remove yourself from it without the lender's consent or agreement. So what you describe left you responsible for the loan but not owning the property--not a good situation. There is no way to get out from the mortgage without paying it off, such as at the time the property is sold.
Making things worse for you, in most states, an oral (that, not "verbal," is the correct term for "unwritten") agreement about real estate (e.g. selling it) is not enforceable: a contract or agreement about real estate must be in writing to be enforceable.
You describe a situation that does not have an obvious way out for you; that doesn't mean that there is no way out, but that you will need to hire a real estate attorney, who can look at all the documents, all the circumstances, any communications, etc. in detail to see if there is some option.

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 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.

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