Posted on: 08th Mar, 2009 11:18 am
i am divorced and my ex's name is still on the morgage. we signed a quit claim deed to keep his interest up to a max amount of 160k once our children finish high school. he know is unable to pay his child support and may agree to release his claim on the property in exchange for no longer being obligated to pay support. how is this done, i do believe his name was also removed from the title at time of divorce.
Hi greenptsos,
If your husband did sign a quitclaim deed at the time of divorce, he has already released his share in the property and does no longer hold any claim on the property. But even then if he still remains on the mortgage you need to get it refinanced in your name.
However, if he did not sign any deed at the time of divorce, he can do it now to give up his share in the property. Also if he wants himself to be no longer obligated to pay for child support, I think he needs to consult a lawyer so a proper agreement can be drafted and signed by both of you, releasing him from his child support obligations.
If your husband did sign a quitclaim deed at the time of divorce, he has already released his share in the property and does no longer hold any claim on the property. But even then if he still remains on the mortgage you need to get it refinanced in your name.
However, if he did not sign any deed at the time of divorce, he can do it now to give up his share in the property. Also if he wants himself to be no longer obligated to pay for child support, I think he needs to consult a lawyer so a proper agreement can be drafted and signed by both of you, releasing him from his child support obligations.