Community Property And Quit Claim Deed

Husband and wife own the property. Husband granted a quit claim deed to wife. Then, later, husband incurred a huge debt. Can the creditors go after the property?

Comments(2)

  • dkellogg15th September, 2005

    In the case of the IRS, if it can be proven that the quit claim was done to specifically hide the asset (ie prevention from lien or being sold to satisfy debt) then they can come after the property. Not sure about other creditors or entities

  • akasanicky16th September, 2005

    From what I understand the Quiet Title Action must be done before you sell or mortgage the property. I have never done it ... but I do not think it is that difficult. You may be able to get info from the law library at the court house. However since you are out of state, you might want to hire an attorney. I think the filing fee is about $250. Please keep us posted on what happenes.

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