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Updated over 3 years ago, 07/10/2021

User Stats

7
Posts
3
Votes
Matt Small
  • Investor
  • Fair Oaks, CA
3
Votes |
7
Posts

Conside etting divorced...what to do about rentals and mortgages?

Matt Small
  • Investor
  • Fair Oaks, CA
Posted

We are a couple with three rentals and our primary home. We have agreed to share the properties with her keeping the primary and one rental, me the other two. She is refinancing her two properties to take me off the mortgages and wants me to sign quitclaim deeds as well. I'm not refinancing my two so she remains on the mortgage and jointly owns the properties.

Currently our plan is to remain married for tax benefits and to allow for a better CGT allowance if she sells one of her properties in the next two years. We are very amicable and keen to work with each other to get the best outcome. However I'm a bit concerned about signing quitclaims on two properties. She thinks that this has to happen as when we do eventually divorce, if I'm still on the mortgages then she would be forced to refinance to remove me....is this true? 

When you divorce do the mortgage holders automatically demand that the person who keeps the property has to refinance? I thought we could just do quitclaim deeds and keep paying the mortgages ourselves without notifying the mortgage co that we have divorced. Don't they only care about getting paid each month?

This is all taking place in California where I believe that the law says we own 50/50 until a divorce actually occurs.

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