is there a way to change the title of your house without refinancing? ie after divorce?

Answer 1

Yes you can remove one of the parties from the deed if the agree.

One thing to keep in mind is that if one of the parties removed from the deed is also obligated on the mortgage and they are removed form the deed that can trigger a due on sale clause that requires that the mortgage be paid in full immediately which will essentially force you to refinance the property.

Answer 2

It is best to NOT handle this yourself and have the judge create the order.

Typically, if you can agree on who should stay in the house, the judge will order the house to be refinanced within 3 to 5 years in order to release the other marital party from the mortgage obligation, and will also order a payment to be made from a cash-out refinance, if equity is to be awarded in the divorce settlement.

If both parties cannot agree, then the judge will most likely order the house to be sold with assets distributed by court order. This will usually happen sooner or later, with the price of the home for sale to be set in between two independent appraisals...one from each party's independent appraiser. The court may intervene in the sale if one party is actually causing problems to prevent the sale of the home.

Selling or refinancing, is the ONLY way to remove someone from a mortgage...and someone would have to be a fool to take their name off the title and be left on the mortgage.

Answer 3

You can easily change title via a quit claim deed to remove someone, or by filing a title change at the local land office to add someone. But you cannot remove or add anyone to the mortgage documents without refinancing.

Answer 4

your divorce attorney should handle this as part of the terms of the decree.

usually, one party quit claims their interest in the house to the other party.

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HOWEVER, this does not relieve the first party of their obligation to repay the mortgage -- that can only be done by refinancing the property.

The bank is entitled to repayment from the income and assets of everyone who signed the original mortgage, no matter such subsequent events as a divorce -- unitl they get their money in full.