Posted on: 23rd May, 2010 04:08 pm
i live in ga. seven years ago my husband and i divorced. as part of the property settlement he was to warranty deed or quit claim deed the property back to me. this never occurred. he was also in a chapter 13 bankruptcy at the time and there isn't any record of him petitioning the court to approve the transfer. the title on our home has changed hands many times since he bought the house--we were married when we bought the house but he is the only one on the mortgage and was the only one on title, then he transferred 1/2 of it to me, then he had me transfer it back to him and then the year before we divorced he transferred 1/2 to me again. all of these were done by warranty deeds that he prepared.
i have been making the payments for the past 6 years but my divorce decree specifically states that i am responsible for the mortgage only as long as i reside in the property.
due to many personal issues with him, can i simply quit claim any interest i may have in the property to him and walk away? (the mortgage is still in his name because i never refinanced or assumed the loan). other than mailing him (certified mail) a copy is there anything else i need to legally do? (i have a sample form from the county property/real estate office at the courthouse)
thank you, in advance, for assistance with this issue.
i have been making the payments for the past 6 years but my divorce decree specifically states that i am responsible for the mortgage only as long as i reside in the property.
due to many personal issues with him, can i simply quit claim any interest i may have in the property to him and walk away? (the mortgage is still in his name because i never refinanced or assumed the loan). other than mailing him (certified mail) a copy is there anything else i need to legally do? (i have a sample form from the county property/real estate office at the courthouse)
thank you, in advance, for assistance with this issue.
Hi Bellefan,
If the mortgage on the property is in your ex-husband's name, then you can sign a quit claim deed and transfer it to him. Thus, you won't have ownership in the property and you can walkaway from it.
If the mortgage on the property is in your ex-husband's name, then you can sign a quit claim deed and transfer it to him. Thus, you won't have ownership in the property and you can walkaway from it.
It was me above. Just forgot to login :)