Posted on: 07th Apr, 2010 05:12 pm
Hi, I hope you can answer my questions, my husband and I purchased our first home in 2002 but we were not married yet but we were both on the loan and the deed, in 2007 we refinanced and took out a loan but since I was not working they only put him on the loan and took me off the deed, in 2008 we married and I was put back on the deed but not the loan. Now in 2008 we purchased a lot and built a home on it this property is free and clear (no loans) but it is under both of our names, here's the situation the home my husband refinanced in 2007 he's income has reduced drasticly and can no longer pay the full mortgage payments every month we have talked to the bank and they are not being cooperative so my question is can I remove my name off the deed from the refinanced home and remove my husbands name off the deed from the house that is free and clear and just leave it in my name so I wont have any problems with the bank in case my huaband has no other choice but to lose his house. We live in Arizona I dont know if that matters.
hi lucy,
you can remove your name from the refinanced home by signing a quit claim deed in his favor. after you sign over the deed, it needs to be recorded. similarly, you'll have to ask your husband to sign a quit claim deed and transfer the free and clear property in your name. however, if the lender has already filed a judgment against your husband, then transferring the property in your name will be considered as fraudulent and your husband can be penalized for it.
you can remove your name from the refinanced home by signing a quit claim deed in his favor. after you sign over the deed, it needs to be recorded. similarly, you'll have to ask your husband to sign a quit claim deed and transfer the free and clear property in your name. however, if the lender has already filed a judgment against your husband, then transferring the property in your name will be considered as fraudulent and your husband can be penalized for it.