Posted on: 29th Jun, 2008 02:10 pm
i got a divirce 5 years ago, my wife signed the house over to me using a quit claim deed. the divorce papers gave my exclusive rights to the house. i recoreded the quit claim deed with the couny and added my parents to the deed. i never re-financed the house because it was never a problem and the court did not direct me to. my ex now seems to think the deed is not valid because i never took her off the mortage. is this true? i live in florida. thanks
welcome mikeoglesby,
the deed is a valid one. just because you didn't refinance, it's not invalid. but may be your wife didn't tell you that she was not willing to stay on the loan. perhaps she has now become aware that if you don't pay off the loan, she might have to pay even though she doesn't have the property in her name.
what you should do now is, have a talk with her and if she is not willing to stay on the loan, inform the lender and refinance the loan. oh by the way, who's paying for the loan since the past 5 years?
the deed is a valid one. just because you didn't refinance, it's not invalid. but may be your wife didn't tell you that she was not willing to stay on the loan. perhaps she has now become aware that if you don't pay off the loan, she might have to pay even though she doesn't have the property in her name.
what you should do now is, have a talk with her and if she is not willing to stay on the loan, inform the lender and refinance the loan. oh by the way, who's paying for the loan since the past 5 years?
You know I recently heard an argument that in a situation like this the deed may not be valid because the home is not hers to give away as it is technically the banks property until the loan is paid off?
I have never heard that argument before but I think the best thing to do is to refinance her off the mortgage and like said above she will have less issue with her name not on deed.
Good Luck
Brian
I have never heard that argument before but I think the best thing to do is to refinance her off the mortgage and like said above she will have less issue with her name not on deed.
Good Luck
Brian
