You should contact a Real Estate Attorney who practices in the state you live in to make sure all of your bases are covered. My understanding is, from what I've dealt with here in Ohio, at the time of the divorce a "Quit-Claim Deed" is prepared by an Attorney and one party deeds their interests over to the party who is awarded the real estate. I've seen divorce decrees that order the party to refinance the mortgage, in their name only, thereby releasing the other party of their obligations. Usually their is a certain time period do have the home refinanced. As far as I know, that is the only way to remove someone from a mortgage. You should talk to your mortgage company. My concern is that you are almost finished paying for the home, and there will be closing costs involved in refinancing. How close are you to paying off the home?
I really would contact a Real Estate Attorney and get a legal opinion. Congratulations on getting your home paid off. Best of luck - keep us informed.
Good luck and contact an attorney. That is what I would do.
Our property was paid off a few years ago. There was no lien on it.
I had the deed with me.
Awarded my property to my wife and was documented in the divorce decree.
To remove my name of my property, we went to Fort Bend Appraisal district who said to got to the public record office.
We went to the public record office. This is what we did ...
Provided the certified copy of divorce decree.
Provided the special warranty deed document which I notarized and signed. This is two page document that my lawyer gave me to notarize and provide for my divorce settlement. I had kept a spare copy of this special warranty deed notarized for me for my records. Which worked at the public record office.
With certified divorce decree and notarized special warranty deed, the public record office removed my name with only $13 fee. The office then put the bar code marks and new record number sticker on the special warranty deed document.
We took it to the Fort Bend appraisal office and asked them to record it in their record as my wife as a sole owner of the property. The appraisal district office mentioned that it will be done within 6/8 weeks to reflect my wife's name on the property.
It took about half of the day but the work got done.
I do not think your question was answered.
You have a mortgage with both your names on it as acknowledged by your question.
You also have a Grant Deed and it is not clear if both of your names are on that. You can verify through a local title company FREE with a phone call or going there in person. Or you can go to the county Recorders office and research the property this is also FREE.
Since your mortgage is almost paid for, you do not need to refinance, you can just pay it off, the lender will then send a full reconveyience to remove the Deed of Trust or lien if you will from the property. This will take care of the mortgage.
In your research if your find that your husband is still on Title to the property then you can ask him to sign to release his interest in the property.
I hope this answers your question. Congratulations on paying off your mortgage! Good work.
Hannah Fliegel, FICO Pro