09/02/2026
Important & Time-Sensitive Update: Three states—including California—now require conventional mortgages to be assumable in certain divorce situations. But there is an important distinction: none of these laws automatically releases the departing spouse from liability on the existing mortgage.
I’ve had this conversation several times this year with attorneys who understandably interpreted these laws as providing a release of liability. They do not.
A quitclaim deed can transfer ownership of the property. It does not transfer or eliminate responsibility for the mortgage debt.
For Family Law Attorneys and Mediators, I’m always happy to serve as a resource when your divorcing clients need clarity around their mortgage options and the financial feasibility of a proposed settlement.
My hope is that you’ll find a 15–20 minute conversation worthwhile before your next settlement conference—especially when the marital home and existing mortgage are part of the discussion.
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