Posted on: 02nd Nov, 2009 10:30 am
My wife are seperated and we have a house titled on both of our names but the mortgage is only in her name.
We entered into a seperation agreement that stated that my name be removed from the title to protect me from getting sued in case she decided to short sell or go into foreclosure.
It looks like she is trying to short sell the house so I need to work quickly to remove my name.
Could you please let me know if getting my name off the title offers this protection and what I need to do to remove it off the title.
We entered into a seperation agreement that stated that my name be removed from the title to protect me from getting sued in case she decided to short sell or go into foreclosure.
It looks like she is trying to short sell the house so I need to work quickly to remove my name.
Could you please let me know if getting my name off the title offers this protection and what I need to do to remove it off the title.
If you are not on the mortgage, a deed will do it. Your attorney (or a title company) should be able to draw it up rather quickly and besides she will need that deed because she cannot sell the house without you providing it. You will be doing her a favor by giving it to her. Then, since you do not own the property and are not on the mortgage anything she does will all be on her.
You have no worries because you're not on the Note, and don't have to do anything. However, it'd be a nice guesture to Quit Claim it back into her name only - that'd make it a little simpler for her when she does the short-sale.