Posted on: 21st Jun, 2010 01:45 am
my ex and i divorced 2.5 years ago. the courts gave him 2 years to either refinance or sell the house. however he has done neither and claims no one will loan him the money to refinance. he has fallen behind on payments and is ruining my good credit score. should i do a quit claim deed or would it be pointless. i can't afford an attorney to take him back to court.
Hi Mandi,
As per my knowledge, if it is a joint property then you can sign a quitclaim deed and transfer the property in your ex-husband's name. After the quit claim your ex needs to re-finance the mortgage loan in his name if it is a joint mortgage. You also need to check thoroughly your divorce decree and consult with a good attorney to get detailed information.
As per my knowledge, if it is a joint property then you can sign a quitclaim deed and transfer the property in your ex-husband's name. After the quit claim your ex needs to re-finance the mortgage loan in his name if it is a joint mortgage. You also need to check thoroughly your divorce decree and consult with a good attorney to get detailed information.
A quitclaim deed will not remove you from the mortgage obligation. You could have him quitclaim the property to you, but that may trigger the payment clause in the mortgage. If he refuses to sell, you can go back into divorce court and have the court order it.
