Will filing a quitclaim deed protect my ex-wife if she is still on the mortgage?

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Will filing a quitclaim deed protect my ex-wife if she is still on the mortgage?

I was divorced a few years ago and I kept the home. I do not want to refinance but my ex-wife is remarried and dozen’t want any liability on the property. Will filing a quitclaim deed relieve her of any liability on the property?

Asked on May 14, 2012 under Real Estate Law, Iowa

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A quitclaim deed will not relieve your wife of the liability she holds under the mortgage.  The lender was not a party to your divorce and so they are not bound by the agreeemnt.  The only way to relieve her from liability is to refinance the mortgage and get her name off of the loan.  Good luck.


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