My husband and I want an uncontested divorce. He is going to take the house. Do we have to go to a lawyer to get my name taken off of the house, or can we just talk to our mortgage lender?
2006-08-23 15:41:47 · 11 answers · asked by perky1 2 in Family & Relationships ➔ Marriage & Divorce
Please get a lawyer. The money you save may be your own.
2006-08-23 15:44:54 · answer #1 · answered by Veiled Splendor 3 · 0⤊ 0⤋
As a real estate appraiser I see this alot. If both names are on the mortgage you BOTH are liable for repaying the debt. Although it is uncontested it could very easily get ugly. To get your name off the mortgage so you wont be liable you must have your husband refinance the house in his name only. This also means he has to qualify for the mortgage on his own without you. Once the refi has gone through you are no longer liable for repaying that debt. The next question I really think you should consider is how much is the house worth versus how much is owed. Most cases, the husband or person keeping the house buys out the other by paying them half of the worth of the home. If thats not possible then you should at least get half of the equity. Meaning if you owe $100,000 on a home worth $200,000. You should get at least $50,000 if not the whole $100,000. Just have your husband refinance what the house is worth and give you the cash he gets from the difference. I have seen so many people say they just want out of the marriage and we are friends, but not long after the woman is kicking herself for not getting at least what she was entitled too. Its not an unreasonable request by any means. Hope it helps.
2006-08-23 15:59:54 · answer #2 · answered by Brian M 2 · 0⤊ 0⤋
If he is going to take the house, I sure as heck hope he's buying out your half...meaning paying you your equal share of the equity that is in the house. You aren't going to need a lawyer to get your name off, however, you are going to have to wait until it's stipulated in your final judgement of divorce before you can take those JOD papers down to the Mortgage lender's office and have new papers drawn up.
If it's in the court order, the Mortgage lender has to comply. Depending on your husband's credit, he may have to get a new co-signer though. Only necessary if there are past due payments or they don't feel your soon to be ex isn't able to handle the mortgage on his own.
Feel free to consult an attorney, just keep in mind that he's only going to charge you a ridiculous amount to do what I just told you to do.
2006-08-23 15:49:56 · answer #3 · answered by Hollynfaith 6 · 0⤊ 0⤋
An uncontested divorce is one in which the spouses agree on the grounds for the divorce (usually one year's separation) as well as custody, access, support, division of property and debts. The spouses file the necessary forms with the court and a judge reviews the forms in his or her office. There is usually no need for a court hearing. ** An annulment is a Court order saying that a marriage never existed. Annulments are rare. Generally, they are only granted if the marriage was invalid for some reason, such as where one spouse was already married to someone else, was too young to consent to marry, did not have the required mental state to consent to marry, or was forced to marry. An annulment can also be granted if one spouse is unable to have sex because of a physical or psychological problem that existed at the time of the wedding. If your marriage is annulled, you have the same rights as any other spouses to custody, access, support, and a division of property and debts. A legal annulment is not the same as a religious annulment that permits you to remarry within your church. If you want a religious annulment, contact your church.
2016-03-27 03:08:03 · answer #4 · answered by ? 4 · 0⤊ 0⤋
No, talking to the mortgage lender will NOT do it -- for that you need to have competent help. This is an issue for a real estate attorney to work, and not something that can be done in a day.
2006-08-23 16:09:58 · answer #5 · answered by sglmom 7 · 0⤊ 0⤋
If you are having an uncontested divorce, That means, giving away all your rights.....There goes the house already....fight for your rights. you certainly has earned it...get a lawyer. ASAP
2006-08-23 16:12:28 · answer #6 · answered by racheljackson54 2 · 0⤊ 0⤋
Find a few (or more) lawyers that offer free initial consultation. You may find out you are entitled to more than what you are going to end up with.
2006-08-23 15:52:49 · answer #7 · answered by Pete T 2 · 0⤊ 0⤋
this site will send you the forms you need for an uncontested divorce... and they don't charge for the forms.
2006-08-23 15:44:38 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Find a lawyer that you both agree on. Make sure that he gives you councel on whats he's writting.
2006-08-23 16:05:55 · answer #9 · answered by Roberto 7 · 0⤊ 0⤋
give me $500 and i will tell u
2006-08-23 15:43:47 · answer #10 · answered by thesilkysmoove 1 · 0⤊ 0⤋