My ex-husband wants me to file a quit-claims deed so that he can give our house back to the bank. How can I protect myself?

If you live near a big city anywhere in the US, documents can be in your hands within a day or two from any other big city in the US. So, making things easy would not be a reason to sign that quit claim deed. Signing documents is already very easy. If you sign a quit claim deed, you likely are stating on the deed that you have no right in the property. However, you are still obligated to pay under the loan agreements. So, if the deal goes wrong, you will have no right but full obligation to pay. That likely is not a position you want to be in. If you trust the former husband, perhaps you know he would not intentionally do anything to harm you. On the other hand, if you do not trust him, why would you want to enable him to mess up your life?

You should retain an experienced attorney to review the court and foreclosure documents, and to interview you about the details of this situation, before giving you advice on your realistic options. See my Legal Guides on community property and the division of assets for more information about the legal issues raised by your inquiry. Please keep in mind that although my Answers and Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. There are always exceptions to the general rules. To find my Legal Guides, click on my photo. On my home page click on "Contributor Level - View Contributions" or scroll down further and click on "Contribution - Legal Guides." Scroll down the list of my 32 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful” or “best answer”. © Bruce Clement

From what you've written here, it would appear that your ex-husband's "story" doesn't "add up." Any documents related to your foreclosure can be sent to you by email or overnight delivery for your careful review and your signatures. This is extremely simple, fast, and cost-effective. As you probably know, when you sign a quit claim deed you are giving any interest you have in the property to the person you name in the quit claim deed. If you deed the property to your ex-husband he can do anything with the property that he wants to do. What if the house is no longer in foreclosure? What if there is equity in the home and you are entitled to a portion of that surplus? In either case, you lose! I recommend you tell your ex-husband that you will not quit claim deed the property to him and you would like to have the paperwork sent to you and your attorney for a thorough review before you consider signing any of the documents. I also recommend that you contact the foreclosing party (bank, trustee company, etc.) and discuss the situation directly so you have first-hand knowledge of what is going on. This situation impacts you and your credit directly and is too important to "settle" for second-hand information. Gook luck.