The ex-fiance and I bought a house together before we got married, she called the wedding off at the last minute for no reason, but told me that since all the money put toward the house was my money, she wasn't going to try to take the house... I was told I could get her to sign a "stop claim" agreement and she wouldn't be able to change her mind later on down the road. Where can I get one of those, or does anyone know what I am referring to?
2006-10-21 16:19:28 · 5 answers · asked by FlorenceJoe 1 in Business & Finance ➔ Renting & Real Estate
YES YOU WANT TO USE A QUITCLAIM DEED BUT IF SHE IS ON THE MORTGAGE SHE MUST BE ON THE DEED (FEDERAL LAW) If she on the mortgage you will need to refin. Speak with the bank that current has the mortgage they may work out a deal with you.
2006-10-21 16:42:21 · answer #1 · answered by jon g 3 · 1⤊ 0⤋
I've never heard of a "stop claim" form for a mortgage.
She could deed her share over to you by filing a quitclaim deed. However since that will not remove her from the mortgage she'd be a fool to do so.
Your mortgage lender MIGHT be willing to remove her name from the mortgage if your credit standing alone is strong enough to qualify for the loan.
Most likely though you're going to have to refinance the home at the same time she quitclaims her share to you. That will get her off the deed as well as relieve her of any liability for the mortgage.
2006-10-22 00:06:25 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋
What you are looking for is a "quit claim" deed. That deed, essentially, transfers her interest (whatever it is) to you. This is unlike a "warranty deed" which warrants that her interest is free from any mortgages, liens or other encumbrances, and also warrants that she owns the property.
Depending on your state, you can almost certainly get a deed from an office supply store or a myriad of web-sites for free ... just make sure its the right form for your state!
2006-10-21 23:33:08 · answer #3 · answered by robert_dod 6 · 0⤊ 0⤋
Are you referring to a quitclaim...she signs her half of the house over to you....quick, simple and painless. They are fairly common. You can do it yourself but I would recommend that you have your attorney draw one and file it with the town clerk. This would cost you a nominal fee but you will have the peace of mind that it was done correctly.
2006-10-21 23:31:39 · answer #4 · answered by mikeyc06010 2 · 0⤊ 0⤋
Check out uslegalforms.com. They have just about every legal form that you could want.
2006-10-21 23:28:13 · answer #5 · answered by CCTCC 3 · 0⤊ 0⤋