I'm not sure how to go about this. I live in NY state, is there a specific guideline? And what if he refuses to sign the papers even though he said he would and he's already moved out?
2007-03-08 03:27:02 · 9 answers · asked by L M 1 in Family & Relationships ➔ Marriage & Divorce
The only way you'd be able to remove his name from the mortgage is to refinance the loan in your name only. Even if he agrees to sign a Quitclaim Deed or is ordered by the court to sign the property over to you, that does not change the status of the mortgage. Where your lender is concerned, you are both obligated to repay the loan until the loan is either paid off or refinanced in just your name. You would have to qualify for the loan based on your own credit and income.
2007-03-08 03:33:03 · answer #1 · answered by Le_Roche 6 · 3⤊ 0⤋
La Roche is right, you need a quitclaim deed, and then a new deed in your name only. But if he won't sign the quitclaim voluntarily, the only way you can get it done is to sue him and get a court order. Usually, this sort of thing is resolved in divorce court as part of the final order and property settlement. And as others point out, even if you get him off the title, there is the mortgage to consider (if there is one). There is NO WAY to get him off the mortgage unless you refinance, but in a way you don't need him off the mortgage--as long as he's still on it he's co-liable for the payments whether he still owns the property or not. (The Bank will never agree to voluntarily remove him from the mortgage/loan agreement unless it's refinanced.)
2007-03-08 05:28:46 · answer #2 · answered by AnOrdinaryGuy 5 · 0⤊ 0⤋
Hello,
I just went through this process recently in our my divorce. He would actually have to sign what is called a quitclaim deed. This paperwork takes his name off the deed and signs it over to you. After it is signed, it has to be filed at the courthouse where property is handled.
2007-03-08 03:37:07 · answer #3 · answered by ryanisonthescene 2 · 0⤊ 0⤋
Well is he just listed on the mortgage or the house tilte as well, you wold have to refinance and put your name only iall the papers, if his name appears just in the title then you wold go to the title company and have him removed. Hope that helps!
2007-03-08 03:33:07 · answer #4 · answered by Denisse 2 · 1⤊ 0⤋
Only by paying the mortgage off or refinancing with other company
2007-03-08 03:50:39 · answer #5 · answered by sunbun 6 · 1⤊ 0⤋
You have to have your lawyer draw up the papers to have him sign off on the house and send them to him.
2007-03-08 10:46:13 · answer #6 · answered by Anonymous · 0⤊ 0⤋
i think you have to go and meet some lawyers for the reason
2007-03-08 04:05:22 · answer #7 · answered by heartattack262000 2 · 0⤊ 0⤋
You can't, you'll have to buy him out for a set, value price.
2007-03-08 03:31:15 · answer #8 · answered by Free-Lance 5 · 0⤊ 0⤋
you need a court order.....
2007-03-08 03:34:15 · answer #9 · answered by Fox Hunter 4 · 0⤊ 0⤋