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deed signed over to new husband

Posted on: 19th Apr, 2006 12:13 pm
hello, i live in my home wich was purchased by me and my ex husband. my ex is willing to sign a quit claim deed so that his name is no longer on it. my question is can it be signed over to both me and my new husband? we know the mortgage will continue to be in my ex's name only until we can refinance. but can it be signed over to "us" instead of just "me"? thank you.
Hi Ale,

I think it can be signed to both of you, but I shall advise you to consult a real estate lawyer for the purpose.

I am checking for more information and will be back as soon as I get some more on it.

Kindly check back.

Blue
Posted on: 19th Apr, 2006 12:33 pm
thank you blue. also i just read on another thread that changing it would make the morgage "due immediatley" is this true? i though the martgage would stay until we can refinance?
Posted on: 19th Apr, 2006 12:37 pm
Hi Ale,

He can the property to both of you but I don't know whether he will agree until the mortgage is refinanced in your name.

Angel
Posted on: 19th Apr, 2006 12:38 pm
Hi Ale,

Yes the mortgage becomes due immediately with any change in the title ownership.

But it can be solved if you and your ex-husband talk with the lender before you go for the quit claim and expalin the situation.

Feel free to ask if you have more queries.

Blue
Posted on: 19th Apr, 2006 12:47 pm
Hi,

Most mortgages doesn't permit any transfer without the approval of the lender. The lender reviews the loan document and secures their ability to get repaid.

Douglas
Posted on: 19th Apr, 2006 01:15 pm
Hi Ale,

Welcome to MortgageFit Forums.

Your ex-spouse can transfer the property to both of you through a quit claim deed. But as others suggested, you must take the help of an attorney in the process and take his guidance.

Real estate transfers are complex matters and should be done under professional guidance.

God bless you.

For MortgageFit,
Samantha
Posted on: 19th Apr, 2006 01:18 pm
Ale,

If you take a look at the mortgage papers, you may find a statement saying - if the borrower sign any rights away used as collateral for the loan, the loan might become immediately payable.

There is no harm if the lender is informed and explained about the situation. He will find a way for you.

Regarding quit claim, you must consult an attorney always to avoid any future trouble.

James
Posted on: 19th Apr, 2006 01:33 pm
thank you all. i did speak to the mortgage co. they want to send me a divorce package. i've asked about this in the past, before i remarried, and they never sent the papers. maybe they will now! again thank you all.
Posted on: 20th Apr, 2006 10:19 am
Hi Ale,

Welcome again.

It will make us happy if we can come to your help somehow. If you can manage, do let us know of the proceedings so that it helps every body here and many more going through similar situations.

God bless you.

Thanks,
Samantha
Posted on: 20th Apr, 2006 10:53 am
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