Posted on: 29th Sep, 2008 10:20 pm
In the final divorce decree, my ex-husband was supposed to take the complete debt of the house.. ie, the mortgage. There were no specific language in the decree in regards to refinancing.
Because he was going to take the mortgage, the property was his. He was able to change the deed to the house without me signing a warranty deed.
The questions are;
1. Can he change the ownership of the property to only his name even without me signing a warranty deed?
2. What can I do to make him take my name out of the loan.
Right now, he was able to keep the house to his name, but the loan to both of our name.
Please help.
Because he was going to take the mortgage, the property was his. He was able to change the deed to the house without me signing a warranty deed.
The questions are;
1. Can he change the ownership of the property to only his name even without me signing a warranty deed?
2. What can I do to make him take my name out of the loan.
Right now, he was able to keep the house to his name, but the loan to both of our name.
Please help.
hi maria!
welcome to forums!
as far as i know, if your name is there in the property deed, then you will have to sign in order to give away your ownership to the property to someone else.
if the property is in his name, you can ask him to refinance. by refinancing, the loan will be only in his name. other than this, there is also a process of novation which you can try.
feel free to ask if you have further queries.
sussane
welcome to forums!
as far as i know, if your name is there in the property deed, then you will have to sign in order to give away your ownership to the property to someone else.
if the property is in his name, you can ask him to refinance. by refinancing, the loan will be only in his name. other than this, there is also a process of novation which you can try.
feel free to ask if you have further queries.
sussane
If your name is in the deed, you will require to sign in the deed to transfer the property in someone's name. Refinancing is the best way to transfer the mortgage. Even the lenders prefer this method.
your former spouse cannot remove your name from title without your consent, i.e., a deed to him. as for the debt involved, you will remain obligated on the note until such time as it is paid in full.
did you not have counsel working with and for you at the time of your divorce?
did you not have counsel working with and for you at the time of your divorce?
We handle a ton of divorce cases. You should have the verbage in the divorce decree that you should be removed, but you would have to sign the warranty deed in order to release your name from it. HOWEVER, your name would still be on the loan if you signed as a coborrower. He would have to refinance to get you off the loan. Most companies require though that if you are on the loan you are on the deed.
You and your husband need to refinance. You can do a cash out to recieve your portion $ of the property, or if you just want out, you can refinance yourself off the loan, into your husband's name only
call me and I can help 800-430-2678
Thanks
Elnora Little
You and your husband need to refinance. You can do a cash out to recieve your portion $ of the property, or if you just want out, you can refinance yourself off the loan, into your husband's name only
call me and I can help 800-430-2678
Thanks
Elnora Little
elnora, please...no solicitations
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