Posted on: 19th Oct, 2009 02:09 pm
I am trying to get my ex husand off my deed. Can I go to the court house and have him removed?
Your husband would need to agree to release ownership interest in the property.
the procedure to remove your husband from the deed is via a quit claim deed. he has to sign and agree to it.
if you have a mortgage on the property and he is on the mortgage, be careful. if you remove from a deed someone who is on the mortgage also, you may trigger the due on sale clause, which means the lender can call the loan due in full. then you are forced to refinance or sell the property because the loan is due in full.
if you always pay on time, the lender may never find out. however, if the lender does find out, you have created a different problem.
if there is no mortgage or he is not on the mortgage, a quitclaim deed accomplishes what you want, but, he has to sign.
if you have a mortgage on the property and he is on the mortgage, be careful. if you remove from a deed someone who is on the mortgage also, you may trigger the due on sale clause, which means the lender can call the loan due in full. then you are forced to refinance or sell the property because the loan is due in full.
if you always pay on time, the lender may never find out. however, if the lender does find out, you have created a different problem.
if there is no mortgage or he is not on the mortgage, a quitclaim deed accomplishes what you want, but, he has to sign.
