Are there any legal or tax implications to quitclaiming my ex off title during a modification?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Are there any legal or tax implications to quitclaiming my ex off title during a modification?

I am trying to modify my primary residence. My ex-boyfriend was never deeded off the title or loan- I bought out his interest several years ago. The lender is requesting that I quitclaim him off title. When I started this process 2 years ago, the lender told me not to change the title until I know if I qualify. Should I be worried? Are there any tax or legal ramifications to deeding him off title?

Asked on March 22, 2011 under Real Estate Law, California

Answers:

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

Answered 13 years ago | Contributor

Well, I really do not know how to start here.  First, you have placed yourself is a very precarious position by having him on the deed and the mortgage when you have already bought him out.  Now that you have qualified for the modification you need to get his name off of everything. The bank is not going to want to loan on a property that is technically "owned" by two people.  You need to speak with an accountant as to the tax ramifications. Filing the new deed will cost you as I am sure that you are aware.  Legally though you need to get him off of any of the documents that have any thing to do with the house now that it is yours.  Good luck.


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