QUESTION

A condo bought my husband with his mom before marriage. Do I need to sign a quit claim form with my husband eventhough my name is not in the title?

Asked on Sep 18th, 2013 on General Practice - California
More details to this question:
My husband doesn't live there. His mom is having a delinquency in payments and it's about to foreclose... She wants me to sign the quit claim form too coz she said that she won't be approve if I don't quit claim. Im confused.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
The fact that you are not listed on the title does not mean that you could not make a claim against the property.  Indeed, if your husband had purchased the property during your marriage, it is likely (unless he purchased it exclusively with non-marital funds such as an inheritance) that you would have an interest in the property, regardless of title.  Since your husband purchased the property before you were married, it is likely that you do not have any valid claim, but a prudent lender would still want some assurance that you would not make such a claim.  A quit claim deed would provide such assurance, as it relinquishes any rights you may have.
Answered on Sep 18th, 2013 at 12:52 PM

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