Posted on: 16th May, 2006 10:44 am
i signed a quit claim deed after my divorce. my ex-husband will not remove my name off the mortgage. we both have remarried and i can't purchase a home because i am on the mortgage with him. how can i get my name off that mortgage to make another purchase with my current husband.
Hi Kimberly,
Welcome to MortgageFit Forums.
You need to get the mortgage refinanced in your ex-husband's name to get your name removed from it.
Actually these things should have been taken care of at the time of divorce as the situations become more complicated after that with the passage of time.
I have seen couples in similar sort of situations and so can understand your problem. I shall advise you talk to your ex-husband and try to convince him somehow.
If things don't work out that way you may consult your divorce attorney or any other good attorney in your locality to suggest you a possible way out.
Normally the divisions of assets and the responsibilities for the debts are mentioned in the divorce papers. So, check the papers with your attorney and possibly you have to go back into court and address the issue with the judge.
Don't lose hope. Definitely a solution will come out to your problem.
Feel free to ask if you have further doubts.
God bless you.
For MortgageFit,
Samantha
Welcome to MortgageFit Forums.
You need to get the mortgage refinanced in your ex-husband's name to get your name removed from it.
Actually these things should have been taken care of at the time of divorce as the situations become more complicated after that with the passage of time.
I have seen couples in similar sort of situations and so can understand your problem. I shall advise you talk to your ex-husband and try to convince him somehow.
If things don't work out that way you may consult your divorce attorney or any other good attorney in your locality to suggest you a possible way out.
Normally the divisions of assets and the responsibilities for the debts are mentioned in the divorce papers. So, check the papers with your attorney and possibly you have to go back into court and address the issue with the judge.
Don't lose hope. Definitely a solution will come out to your problem.
Feel free to ask if you have further doubts.
God bless you.
For MortgageFit,
Samantha
Yeah that's a big problem if things are not sorted out at the time of divorce. Actually I went through this typical situation at the time of separation with my ex.
My attorney didn't take care to address that there was no clear mention about the division of the marital debts and only it included the division of the assets.
Later I found out the real problem when I found myself still obligated on the mortgage even though I quit claimed the house in my ex's name.
He was not willing to refinance the mortgage and I was in deep trouble failing to convince him. I consulted my friend who is also an attorney and had to take the issue to the court where things finally settled to my relief.
So, I shall advise you not to wait further and take the help of an attorney if it seems that mutual discussion is not going to bring out any result.
Best of Luck.
My attorney didn't take care to address that there was no clear mention about the division of the marital debts and only it included the division of the assets.
Later I found out the real problem when I found myself still obligated on the mortgage even though I quit claimed the house in my ex's name.
He was not willing to refinance the mortgage and I was in deep trouble failing to convince him. I consulted my friend who is also an attorney and had to take the issue to the court where things finally settled to my relief.
So, I shall advise you not to wait further and take the help of an attorney if it seems that mutual discussion is not going to bring out any result.
Best of Luck.
Can the grantor of a quit claim deed JTWROS that was notorized and recorded 10 years ago make the grantee sign a deed giving the grantor back thier intrest in the property. Grantor says they only intended that the property to go to the grantee upon death. What are the consequences if the grantee refuses to sign? This is in Missouri.
Thank You
Thank You
Hi Carla,
Welcome to MortgageFit Forums.
It is very difficult reverse quit claim deed unless the grantee agrees to quit claim deed the property back to you. But if the grantee refuses to sign a quit claim deed you will have to prove the transfer of the property is invalid. You can do so by proving that you signed the deed under external pressure or the grantee made you sign by telling lies.
It is advisable that you consult a lawyer.
Thanks,
Caron
Welcome to MortgageFit Forums.
It is very difficult reverse quit claim deed unless the grantee agrees to quit claim deed the property back to you. But if the grantee refuses to sign a quit claim deed you will have to prove the transfer of the property is invalid. You can do so by proving that you signed the deed under external pressure or the grantee made you sign by telling lies.
It is advisable that you consult a lawyer.
Thanks,
Caron
10 years ago i got divorced and was told to sign a quit claim and if i didnt do it within 30 days one would be done. I moved out of state and didnt do the quit claim thinking it would be done for me. My ex husband was in a very bad car accident and with some checking i found the quit claim had not ever been done. He was in a coma and on life support. I then started checking and found he had never refinanced the home under his name only. He was remarried 5 years ago. They pulled life support and he passed. Now what do i do? Can i force his wife to refinance the house since he is no longer living and she is not on the home deed or the current morgage. I do not have a good relationship with the new wife to ask her anything. She is going to recieve his 401k and retirement can i force her to use that to pay the loan off. There was no will in this situation. Please help i dont know what to do.
Hi
I agree with Eric. Since you did not sign the quitclaim deed you still hold an interest in the property. His new wife is neither on the deed nor on the mortgage and your ex-husband did not even leave a will stating his new wife will inherit his share of the property after his death. So, I think you can claim your interest in the property. Consult an attorney to explore what options you have in this situation.
I agree with Eric. Since you did not sign the quitclaim deed you still hold an interest in the property. His new wife is neither on the deed nor on the mortgage and your ex-husband did not even leave a will stating his new wife will inherit his share of the property after his death. So, I think you can claim your interest in the property. Consult an attorney to explore what options you have in this situation.
mY MOM PUT ME ON ALL OF HER BANK ACCOUNTS INCLUDING THE REVERSE MORTAGE ACCOUNT SHE HAS PASSED AWAY WHAT HAPPENS NOW
You need to immediately consult a probate lawyer. this should be your first action.
Hi Adriana,
You can take your name off the loan only if your husband refinances the mortgage in his name. You can transfer the house to your husband through a quit claim deed, but this will not remove your name from the mortgage. You will remain responsible for the loan until your husband refinances it. Once your name is taken off the loan, you can purchase a new home in your name. Otherwise, you will remain liable for the existing mortgage and it could affect your debt to income ratio when you apply for a new loan.
You can take your name off the loan only if your husband refinances the mortgage in his name. You can transfer the house to your husband through a quit claim deed, but this will not remove your name from the mortgage. You will remain responsible for the loan until your husband refinances it. Once your name is taken off the loan, you can purchase a new home in your name. Otherwise, you will remain liable for the existing mortgage and it could affect your debt to income ratio when you apply for a new loan.
My husband and I divorced 5 years ago. We had 2 homes when we divorced. He kept one and I kept the other one. Now we both have remarried. I want to put my home in my new husband and my name and take my ex husband's name off. I don't know if the bank will let us refinance. Do you think we will have to get a new loan? I am on disability, and am afraid that I won't be able to qualify for a new loan, although I have great credit and my husband has good credit. My name was never on the other home, as it was an inheritance, so no problem there. I have equity in my home, so will we be able to get some cash out to pay off some credit cards?
You can add your present husband's name to the property deed by signing a quit claim deed. You've mentioned that he has a good credit. Along with this good credit, if he has a stable income, he will be able to refinance the loan in his name. This will help you to get a cash out which you can use to pay off the credit card debts.
Hi,
If you want to remove your ex-husband's name from your home deed and add your new husband, you can make a quitclaim deed which will help you. You also asked about refinance loan which you can easily get. The main criteria to get a loan is a good credit score which you and your husband have and also a stable job. Search for a good lender and if you are ok with the terms and conditions of the lender you can opt for it.
If you want to remove your ex-husband's name from your home deed and add your new husband, you can make a quitclaim deed which will help you. You also asked about refinance loan which you can easily get. The main criteria to get a loan is a good credit score which you and your husband have and also a stable job. Search for a good lender and if you are ok with the terms and conditions of the lender you can opt for it.
Thanks for the quick replies!