Refinance before a quit claim deed?

UPDATED: Oct 1, 2022

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Refinance before a quit claim deed?

I’m in the middle of a divorce. We are refinancing the house so my ex can keep it and pay off his debt with his half. He is wanting me to sign a quit claim deed before we sign the refinance paperwork. They already ran my credit to do the financing. Which is it?

Asked on February 12, 2019 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you quitclaim the house, you give up your rights to it: to live in it (it will be his house, not yours, and he can remove you) and to the equity or value in it (if it's sold, you won't get anything). While the terms of your divorce (e.g. any divorce settlement or order) may give you certain rights, since he cannot violate the final terms of the divorce, not knowing what those are, we cannot comment on them: we can only address the fact that under real estate law, once you quitclaim the home, it's not yours and you have no more rights to it.
Therefore, do not do this unless and until you have some enforceable court order or agreement/contract/settlement with your soon-to-be-ex protecting your right to live there (if you need or want to) and to receive the money from any sale (or whatever other compensation you are getting  for giving up the house).

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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