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Property Transfer After Divorce

Posted on: 24th May, 2010 04:25 pm
my ex-husband and i divorced in 2000 after purchasing a home in 1998. the house (all financial responsibility and equity) was awarded to me in the divorce. i have been living in the house since its purchase and have been paying the mortgage since 1999 when we separated. i am now interested in refinancing with a cash out option, the intention being to lower my payments and do some repairs/updates. i knew my name was not on the mortgage but did not realize until now that it was not on the deed nor was there ever a legal transfer of the property to me (other than what it written in the divorce decree). my bank rep told me that i have to have ownership of the home for 12 months before i can do this. she said exceptions can be made if it is soon after the divorce but feels like too much time has passed. what legal forms do we need to file to transfer the property to my name? (i'm sure a quit claim deed is not applicable in this situation.) is there any way i can refinance to lower my payments (even if the cash back option is out) without waiting the 12 months?
Hi ckline!

Welcome to forums!

You will have to contact your ex-husband and request him to sign a quit claim deed in order to transfer the property in your name. Once he does so, then you will have to wait for a time period as mentioned by your lender and then get the loan refinanced in your name.

Feel free to ask if you've further queries.

Sussane
Posted on: 24th May, 2010 09:08 pm
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