Posted on: 30th Dec, 2008 04:42 pm
Hi,
My husband co-signed a property and a mortgage with a girlfriend before we got married. She said that this was just to protect her property in case she died (my husband would acquire the property and he would give it to her minor children without getting her ex-husband involved). Now that we are married he wants to sign a quitclaim to give 100% of the property to her but she said that she does not have the financial security to do so. My husband also co-signed the mortgage but she has made all the payments so my husband has never seen payments or tax related to this property. Note that the woman had a loan at her name only before my husband got in this mess. What are my husband's options to get ride of the property and mortgage? what if she refuses to collaborate?
Thank you,
Cecilia
My husband co-signed a property and a mortgage with a girlfriend before we got married. She said that this was just to protect her property in case she died (my husband would acquire the property and he would give it to her minor children without getting her ex-husband involved). Now that we are married he wants to sign a quitclaim to give 100% of the property to her but she said that she does not have the financial security to do so. My husband also co-signed the mortgage but she has made all the payments so my husband has never seen payments or tax related to this property. Note that the woman had a loan at her name only before my husband got in this mess. What are my husband's options to get ride of the property and mortgage? what if she refuses to collaborate?
Thank you,
Cecilia
I think you are f-up...
Hope the woman agrees to release your husband from his obligation. If not his only option is to try to sell his piece of the property. He is in deep sh... Should have known better before agreeing to do this!
Good luck,
Mario
Hope the woman agrees to release your husband from his obligation. If not his only option is to try to sell his piece of the property. He is in deep sh... Should have known better before agreeing to do this!
Good luck,
Mario
hi cecilia!
welcome to forums!
you have mentioned that your husband is a co-signer to the mortgage. in that case, i don't think it will be easy to remove his name from the mortgage docs. either the ex-girlfriend will have to refinance the mortgage or she will have to find another co-signer for the mortgage.
as far as refinancing is concerned, the ex-girlfriend should have a good credit score. otherwise, the lenders will not be ready to refinance the loan in her name.
feel free to ask if you have further queries.
sussane
welcome to forums!
you have mentioned that your husband is a co-signer to the mortgage. in that case, i don't think it will be easy to remove his name from the mortgage docs. either the ex-girlfriend will have to refinance the mortgage or she will have to find another co-signer for the mortgage.
as far as refinancing is concerned, the ex-girlfriend should have a good credit score. otherwise, the lenders will not be ready to refinance the loan in her name.
feel free to ask if you have further queries.
sussane
real smooth, mario.
your husband is on the hook for that mortgage until such time as it is paid in full. it appears the relationship he has/has had with her is pretty decent, inasmuch as he's not been called upon to make payments at all. nevertheless, as sussane noted, the only way to take his responsibility out is for her to refinance. if she lacks the wherewithal to do so, then he's out of luck.
the best bet, in that event, is to maintain as close a relationship with her as you are able, to ensure that you'd know if any issues arose that needed immediate attention concerning the home and that loan.
your husband is on the hook for that mortgage until such time as it is paid in full. it appears the relationship he has/has had with her is pretty decent, inasmuch as he's not been called upon to make payments at all. nevertheless, as sussane noted, the only way to take his responsibility out is for her to refinance. if she lacks the wherewithal to do so, then he's out of luck.
the best bet, in that event, is to maintain as close a relationship with her as you are able, to ensure that you'd know if any issues arose that needed immediate attention concerning the home and that loan.
Hi Cecilia,
Sorry to hear that your husband is in this mess. What I understand the least is why he did get into it - guess he believed his ex-girlfriend. But if she wanted just to protect her children she could have done so through other legal ways (including a Will) or even putting the house at his name. Having him signing the mortgage seems like a very carful calculated move.
Anyhow, the advise from Mr. Akerley is spot on. You can try also to sell the property but I am not sure if this would be possible. Mr Akerly, would you advise: can her husband put his part of teh property on sale?
Let me know if you have any other question.
Good luck,
Jim
Sorry to hear that your husband is in this mess. What I understand the least is why he did get into it - guess he believed his ex-girlfriend. But if she wanted just to protect her children she could have done so through other legal ways (including a Will) or even putting the house at his name. Having him signing the mortgage seems like a very carful calculated move.
Anyhow, the advise from Mr. Akerley is spot on. You can try also to sell the property but I am not sure if this would be possible. Mr Akerly, would you advise: can her husband put his part of teh property on sale?
Let me know if you have any other question.
Good luck,
Jim
selling the house doesn't seem to me like much of a solution, jim; inasmuch as the former girlfriend and her children are still living there. of course, we don't know the location, value, mortgage amount, etc. either. if this is a house in a troubled area, where values have dropped, there'd likely be difficulty in selling from that standpoint also.
honestly, i think hanging tight is the most realistic thing to do at the moment.
honestly, i think hanging tight is the most realistic thing to do at the moment.
Thanks much for your advise. I am getting pretty worried about this. My husband is a honorable men and he did this just to help her ex-girlfriend but I agree with Jim that feels like she took advantage of him.
Would it work if he finds a person to refinance the house (taking him out and putting the person in) and gives this person ownership of the property through a quitclaim?
The house is in Evanston, Wyoming. We believe it is worth around $75,000 but we don't know how much the mortgage is.
Is there any legal way to enforce this if she does not want to cooperate?
Many thanks again and God bless.
Cecilia
Would it work if he finds a person to refinance the house (taking him out and putting the person in) and gives this person ownership of the property through a quitclaim?
The house is in Evanston, Wyoming. We believe it is worth around $75,000 but we don't know how much the mortgage is.
Is there any legal way to enforce this if she does not want to cooperate?
Many thanks again and God bless.
Cecilia
finding someone seems pretty far-fetched to me.
if you know how much the original mortgage was, you ought to be able to do some calculations to figure out the balance of the mortgage now. in addition to that, if your husband is a borrower, he certainly can inquire with the lender to determine the current balance - either by phone, email, mail or internet.
i'm not sure you're going to have any ease in trying to find a solution to this.
God bless you back and happy new year also.
if you know how much the original mortgage was, you ought to be able to do some calculations to figure out the balance of the mortgage now. in addition to that, if your husband is a borrower, he certainly can inquire with the lender to determine the current balance - either by phone, email, mail or internet.
i'm not sure you're going to have any ease in trying to find a solution to this.
God bless you back and happy new year also.
Mr Akerley, we believe that the woman's ex-husband would gladly accept to swap with my husband (my husband giving him his piece in the property and changing the mortgage to the ex-husband's name). Can we do this if there is agreement between my husband and her ex-husband even if the woman refuses?
Many thanks once again. Happy New year to you too!
Cecilia
Many thanks once again. Happy New year to you too!
Cecilia
wow...this gets more convoluted each time, doesn't it? clearly, whatever happens with the property is going to have to include her, inasmuch as she's a party to all transactions.
has she indicated her refusal already, or are you just speculating? it would seem that she has a reason, of course, for not wanting her former husband involved. presumably (and i may be making a stretch here), the children involved here are your husband's, and perhaps there are no children from the ex-husband (?).
this is probably going to take some lawyer-ing to work out to a final solution, but not easily. there's clearly some negotiation that needs to take place, i guess.
to answer your question specifically: an agreement between your husband and her ex-husband that excludes her agreement isn't going to work by itself.
this is far more complex than just making a change.
has she indicated her refusal already, or are you just speculating? it would seem that she has a reason, of course, for not wanting her former husband involved. presumably (and i may be making a stretch here), the children involved here are your husband's, and perhaps there are no children from the ex-husband (?).
this is probably going to take some lawyer-ing to work out to a final solution, but not easily. there's clearly some negotiation that needs to take place, i guess.
to answer your question specifically: an agreement between your husband and her ex-husband that excludes her agreement isn't going to work by itself.
this is far more complex than just making a change.