Quit claim

If he was never on the mortgage, then he was never financially responsible in the first place. He only had vested interest in the property. Joint income really has nothing to do with it. I take plenty of loans where one spouse has no income but by going on the note, they are making themselves financially responsible, job or no job.

I don't mean to seem dense, but the reply seems to contradict itself. The first line says he wwas never financially responsible if he wasn't on the mortgage, but the last sentence says that he would be responsible job or no job.

Maybe the confusion for us is why would the mortgage lender make him sign the title and deed paperwork, if it wasn't necessary since the loan was based on my income only. We were told it was because we were married, and he HAD to be on the title and deed.

With a pending divorce, we were told that we needed a quit claim, or one of use needed to either purchase from the other or buy the other one out.

The house is in foreclosure with Wells Fargo, and I am in a modification program. I am making 3 trial payments, and in December, I will have to seek a new mortgage.

Sorry for the confusion what I mean is if two parties apply for a mortgage and one does not work, they are both financially responsible. If one perosn is on the mortgage only and the other one on the title only then only the one on the mortgage is on the hook for the payment. I hope that a little more clear.

Sometimes it's not the mortgage company that requires the spouse sign the deed but the title company because they are abiding by varieng state laws. You can put anyone on the title you want and remove them just a quickly.

thank you. that explanation helps, especially when we were told during the refinance 2 yrs ago that we didn't have a choice, and he had to be on the title and deed because we are married.
i'll pass this information along to him.