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He wishes to stay and said he will sell it when he feels it’s a good time to sell. We have only had the home 1 year. I have moved back home to CO and I have been paying him more than half the mortgage and enough to help with utilities. He has been paying on time and I trust him. He would like me to come back but I’m not going go back. We were going to rent the home but he is afraid due to COVID-19 and our tenants lose their job then we will be responsible for our current rent/mortgage as well as our investment property. With all that being said, I have no idea if I can quit claim the home to him in his name only. He has agreed that if we do this, he will soley make the payments and I would be free of obligation but for some reason I know that is too simple. What is my best option. We are trying to avoid capital gains which is another reason he is staying there. I know this is more than 1 question. I just want to make sure we are making the best decision so we can both move on with our lives.
Jun 24, 2020
Real Estate
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Bill HenryFounding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 18 years of experience

We can help but there are many issues you bring forth, primarily would AZ or CO have jurisdiction over your case. The Quit Claim idea is possible but you need to understand that this is far from risk free for you, you can give away your rights or possessions but that does not release you of your obligations. You should call 303-688-0944 (24/7) or schedule a free case assessment online at robandhen.wpengine.com/locations (we can meet via video/Zoom or telephone). At your appointment we'll discuss your the property, the obligations that you may be stuck with even if you give away your rights to the home, your marriage, children, assets, debts, your concerns, desired results, rights, remedies, the law, the process, timeline, how we can help, costs, etc.

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