I'm getting a divorce. How do I get removed from the Mortgage and Deed if he wants to stay in the house?

Answer 1

Sorry, you can't just magically have your name taken off. Especially if your income was considered in the financing. He will have to refinance. Now your divorce papers can state that he MUST do that, but until he does, you are equally responsible. Also, think long and hard about this. What are you getting if he is getting the house. You are entitled to a share. If he gets the house, there should be some sort of buyout on his part where he pays you a determined sum for your half of the house. Talk to your lawyer and look at all your options before you agree to anything. Not suggesting you be a money grubber, just don't cheat yourself. You should get what you are entitled to.

Answer 2

He'll have to refinance the house and pay you your portion of the equity. Simply having him quitclaim to you is not enough. When he refinances, the lender and / or title insurer will require you to sign a Quitclaim or Grant Deed; make sure that there are written instructions at closing indicating the purpose of the deed, how much you expect to receive, what costs are being paid by whom for the filing of the deed and that the deed is not to be filed unless the settement agent is positioned to pay you the sum agreed upon.

When my husband and I purchased our first home together, there was a ding on his credit from when his ex let the property go into default. The court had ordered that she receive the house they lived in and one half of a rental they owned. He asked her to refinance to take his name off the mortgage, but she refused. She was working, receiving $500 a month in child support, her mortgage payments were $200 a month and she still lost the property. Go figure. When we applied for our loan, we had to supply a copy of the court order and a payment history from the lender; she began default the month following the finalization of the divorce, so our bank could see that it was beyond my husband's control. It was a pain in the butt, but I was also able to get copies of the documents showing where she had been served and the foreclosure deed filed.

I don't know if the court can order him to refinance the property, or if his credit / income will allow for it, but discuss it with your attorney.

Answer 3

Each state has a different set of laws! If this is really what you want.....if you are afraid he will default, therefore ruining your credit.....or if there is no equity in the house that is rightfully yours.....then it is quite simply, through the divorce his attorney should do the paperwork to "relinguish your rights" on the deed of trust.....once the divorce is final, your ex will use that to have your name taken off the the mortgage. I had to do the same thing when I got divorced, even though m name was on the deed, I had no legal right to the property because it was purchased with money from his family trust fund. Trust money or inherited money is not "communale" property in Texas. Hope that helps!

Answer 4

You need to see an attorney and make sure that it is a mutual agreement between the two of you. He must then go to his financial institution and have the mortgage rewritten specifically in his name. He has to produce financial documentation that he will be able to pay the bills. If you are going to be getting some kind of a financial settlement for your equity in the home he must pay you out or may arrangements to do wo before mortgage and deed may be transferred. Don't forget to also have the tax account, utilities etc all changed as well so you don't get stuck with half of those bills. Good luck.

Answer 5

See an attorney. You can sign a contract for your husband's benefit. You can state that you waive the right for legal representation, that you are of sound mind, not under the influence of any mind altering substance, and signing this contract at your own will. You should state what the contract is for. You should also know that this contract is only in the interests of you and your husband. It must be notarized as well.It doesn't indemnify you from future liabilities with your mortgage company, unless you have arranged this with the mortgage company and/or your attorney. In most cases, I believe your husband would have to get the house appraised, the judge would determine your entitlement, order your husband to pay you up front (divorce decree) and transfer the paperwork (mortgage contract,deed, title,etc) to his name only. Or the judge can also state in the decree that the property be sold within a certain time window, then at that time you would earn your entitlement respective to the time that you were married. Most importantly, you should consult with an attorney before negotiating any legalities with your spouse.

Answer 6

If there is equity in the house I wouldn't get removed. Have him buy your share or sell.

You can't get off the mortgage because your income, credit etc was used to get the mortgage. I certainly wouldn't get off the deed if your on the mortgage. It doesn't make sense. Think about it. Mortgage is debt and a deed is an asset.

Answer 7

Go to the institute where the Mortgage and Deed are and let them know of the pending divorce. I believe that's all you have to do.

Answer 8

Use a mediating attorney who will represent you both. Have it agreed upon in advance what your settlement will be. At all costs avoid an adverse rial position where you get an attorney and he gets one.... the only ones who come out ahead are the attorneys, at $6000 each, you guys will get nothing. Agree that he gets the house, and all the rest, and you get other assets.... then all the attorney does is fill out and file the papers.... cost about $75-300 depending upon the state, and the attorney. Look in the yellow pages for Attorney - divorce - mediating.

Answer 9

He refinances the loan gives you half the equity and you sign a quit deed.

Answer 10

You will need to refinance and sign a document titled "Deed to Secure Assumption".