2006-09-11 00:50:39 · 13 answers · asked by springfever70s 1 in Family & Relationships ➔ Marriage & Divorce
first of all you'll have to have him sign a quit claim deed, he might not do this unless you refinance. If you don't refinance it will show on his credit and he will also be responsible if you default.
2006-09-11 00:52:46 · answer #1 · answered by cinderjo 3 · 2⤊ 0⤋
First no bank in this world will let you take his name off unless the have something in writing from him are a court. If you default he has to pay and banks like to get money.
You need this all figured into the divorce and nothing will be happen until divorce is final.
2006-09-11 01:04:36 · answer #2 · answered by Mit 4 · 0⤊ 0⤋
You may not be able to do anything about it until the divorce is finalized. Talk to your attorney before you do to cover yourself legally.
Once you know you're good to go, you can do what's known as a "quit claim" where you basically re-finance under your name only. Whomever's holding your mortgage will be able to tell you the least expensive and fastest method. You may have to show proof of the divorce and that the house is not considered a joint asset that must be sold within a specific period of time.
2006-09-11 01:42:02 · answer #3 · answered by cgspitfire 6 · 0⤊ 0⤋
Depends on how well you two are getting along right now. If you have already went to court, then I'm sure the judge split your marital property, which would include the house. He possibly may want you to buy out his portion of the equity in your home that was aquired during your marriage. Hard to tell unless you ask your attorney. Which is exactly what I would do.
2006-09-11 00:53:30 · answer #4 · answered by cmandrews_27 2 · 0⤊ 0⤋
Have your attorney put it in the divorce decree. Also ask your attorney to have him sign a quit claim deed. If there is a mortgage on the property, you may run into a new set of problems. Are you financially able to carry the mortgage alone?
2006-09-11 00:54:29 · answer #5 · answered by mom 4 · 0⤊ 0⤋
That is an issue for the divorce decree to call out.
2006-09-11 01:29:25 · answer #6 · answered by Flagger 6 · 0⤊ 0⤋
you have to prove to the bank that you actually have the financial means to do so. Even if you can do this, your ex has to agree that he doesn't want to sell the house and take half the proceeds with him. None of this is anything you should do without the assistance of your lawyer.
2006-09-11 00:53:30 · answer #7 · answered by movedtoMA 2 · 0⤊ 0⤋
Get an atty. There is a release that can be signed by your husband waiving his interests.
2006-09-11 01:07:51 · answer #8 · answered by GrnApl 6 · 0⤊ 0⤋
You most likely will have to refinance and have him sign off on it. Good luck.
2006-09-11 00:52:15 · answer #9 · answered by sunspotbaby1978 1 · 0⤊ 0⤋
You have to refinance your house.I'm sure that you'll have to show divorce papers also.
2006-09-11 00:53:08 · answer #10 · answered by danabriggs 1 · 0⤊ 0⤋