I am going through a divorce, my husband had a restraining order taking out against me for a year. I want my name removed from the deed of the house we brought together. Is that possible?
2006-11-30 05:41:44 · 8 answers · asked by slim25female 1 in Family & Relationships ➔ Marriage & Divorce
Sure - sign a quit claim deed to get your name off. You will both need to sign though for it to transfer.
2006-11-30 05:43:58 · answer #1 · answered by BlankProfile 3 · 2⤊ 0⤋
Yes. Depending on the state you're in and it's laws, there's no reason you can't execute either a Grant Deed or a Quitclaim Deed. You should talk to your lawyer, if you have one, and work out the following:
1. If you deed the property to your husband, are you expecting any money in return? Is there any equity in the property? Do you want him to buy you out? Or are you just willing to sign a deed without getting any funds in return?
2. You should make sure your divorce decree includes what is to happen to the property you own. If you want your husband to have it, make it part of the decree.
3. Make sure that you put it in writing. If you're expecting money from deeding it to him, state how much and under what conditions you'll sign the deed. If you're looking to get your share of the equity, make sure the property has been appraised so you know it's value. Make sure a neutral party (like a title or escrow company) handles the exchange of funds for the deed recorded in your husband's name.
4. If the mortgage is currently in both your names, have your husband to refinance the property to the loan is only in HIS name. If he goes into default or doesn't make his payments, you are still responsible for the loan and it could affect your credit rating.
You should talk to your attorney, there's a lot to consider. Good luck!
2006-11-30 05:49:22 · answer #2 · answered by Le_Roche 6 · 0⤊ 0⤋
not of challenge. Imprisonment does not qualify as a reason to have somebody faraway from components possession. Your husband is accountable for the finished volume of the loan charge, if he's the only named individual on the loan own loan. Your husband's father can basically be faraway from identify and deed is he has an identical opinion and indicators off.
2016-12-17 19:00:04 · answer #3 · answered by rivalee 3 · 0⤊ 0⤋
It is called a "quit claim deed". Sign it and you are off. If you have a mortgage on the home, that does not take your name off of the mortgage. For that whomever keeps the house will have to refi.
2006-11-30 05:46:37 · answer #4 · answered by derby_guy_73 1 · 0⤊ 0⤋
In georgia, you have to refinance and he gets the loan in his name only. You have to sign to say that its ok. Best thing I ever did...just found out my X is thinking of letting the house go to foreclosure. Man that would have screwed my credit more than he has already f*cked it up.
2006-11-30 05:50:22 · answer #5 · answered by gypsy g 7 · 0⤊ 1⤋
quick claim deeds are legal in most states
2006-11-30 06:12:07 · answer #6 · answered by karen h 3 · 0⤊ 0⤋
He would need to refinance and take u off that way.Or you could force him to sell thru the divorce then u would be off the loan./house.
2006-11-30 05:46:05 · answer #7 · answered by jessy 3 · 0⤊ 1⤋
A family court judge will have to decide that
2006-11-30 05:44:01 · answer #8 · answered by Anonymous · 0⤊ 1⤋