Can someone quitclaim a deed to a co-owner who declared bankruptcy? 8 Answers as of March 08, 2011

My ex-domestic partner and I have a mortgage together. He stopped paying the mortgage and then filed for Chapter 13 bankruptcy, which was discharged in February 2011. We are now facing foreclosure. Now I am moving and need to know if I can quitclaim the deed to him.

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David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
Are you on the note? If you are, you are still liable for the loan even if you give away the collateral. Depending on where you live, if could even be a felony to dispose of collateral without permission. Why would you want to deed it to your ex who is not making payments anyway? that does not make sense.
Answer Applies to: Missouri
Replied: 3/8/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Yes, you can quitclaim the deed.
Answer Applies to: Tennessee
Replied: 3/7/2011
Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
You should always seek legal counsel before executing a quitclaim deed. While it is possible for you to sign a quitclaim deed (yes, you can do it), it may not be in your best interest to do it and it may not achieve the goal that you are hoping to achieve. For example, quitclaiming your interest in real property does NOT relieve you of your legal obligation to pay the mortgage on said property. For specific advice that takes into account all the facts and circumstances of your situation, call me.
Answer Applies to: California
Replied: 3/3/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You can quitclaim to him, but that will not affect your liability on the mortgage. I do not know which state you are in, or if you ever refinanced the loan. If you are in California and the loan on the house was the purchase money loan (or loans - like and 80/20) you can walk away. You should consult with a lawyer near you.
Answer Applies to: California
Replied: 3/3/2011
Ferguson & Ferguson
Ferguson & Ferguson | Randy W. Ferguson
As long as neither of you are in bankruptcy or preparing to file.

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Answer Applies to: Alabama
Replied: 3/3/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    This might have other complications. You are always able to do a quitclaim on property but the issue is whether you will have other legal issues such as acceleration clause.
    Answer Applies to: California
    Replied: 3/3/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    You can quitclaim the property but what good is that going to do you? The property will remain subject to the mortgage and you are a debtor on the mortgage. Generally you will not have to pay the first mortgage after the foreclosure by trustee's sale but if there is a second or junior mortgage then you will be liable for the amount owed. Your ex has already received a discharge such he is off the hook on the mortgages anyway. You can quitclaim your interest in the property but not your responsibility for the mortgages.
    Answer Applies to: California
    Replied: 3/3/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Sure you can. But why would you want to? You are still going to be obligated on the mortgage(s).
    Answer Applies to: California
    Replied: 3/3/2011
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