Posted on: 30th Sep, 2013 11:36 pm
I was married for 6 1/2 years and divorced for 5 years now. My divorce decree states that my ex-husband is responsible for property (our old home). However he never removed my name from the title and refuses too. I am now remarried and it has become an issue now that we are in the process of purchasing a home. What do I need to do to remove my name from the title and so I will legally not be responsible for any financial obligations from my old home. My ex husband has been paying for and has remained in good standing with any mortgage payments.
Hi nadia!
Welcome to the forums!
You can simply sign a quitclaim deed and transfer your share of the property to your ex-husband. This will help you sort out the matter. However, if your name is mentioned on the mortgage docs, then he needs to refinance or assume the loan or else you will remain liable for the mortgage payments.
Feel free to ask if you've further queries.
Sussane
Welcome to the forums!
You can simply sign a quitclaim deed and transfer your share of the property to your ex-husband. This will help you sort out the matter. However, if your name is mentioned on the mortgage docs, then he needs to refinance or assume the loan or else you will remain liable for the mortgage payments.
Feel free to ask if you've further queries.
Sussane
He refuses to refinance. Assume the loan? Is this something that I can do?
Hi nadia,
As he is responsible for the property, he should assume the loan. Ask him to check out if his lender will provide him with the option of non-qualifying assumption to sort out the matter.
As he is responsible for the property, he should assume the loan. Ask him to check out if his lender will provide him with the option of non-qualifying assumption to sort out the matter.
If your divorce judgment states the husband is responsible for the home, and presumably the mortgage, if he doesn't assume the mortgage, you can go into court and enforce the judgment. Contact your divorce lawyer.
