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Kristi, Other/Just Looking in Texas

Can I have my ex-husbands name taken off of the mortgage of the house I was awarded in the divorce ?

Asked by Kristi, Texas Tue May 20, 2008

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8
absolutely! Provide the Title Company with a copy of the decree to have him taken off the deed When it comes to the mortgage...... do you own the home outright? If you are financing, check with at least 3 lenders to see what interest rate you would get by refinancing and qualifying for the loan on your own, Also, what will closing costs amount to? Do you qualify on your own to put the mortgage in your name only? Your current lender may wave some fees if you use them to refinance. Hope this helps!
1 vote Thank Flag Link Wed May 21, 2008
Hugh,

I used a title company and they are the ones that provided the quit claim deed to provide clear title to the buyer.
0 votes Thank Flag Link Tue May 20, 2008
Kristi,

Don't use a quit claim deed. You don't need this anyway. Use an Attorney or Title Company.
0 votes Thank Flag Link Tue May 20, 2008
Kristi,

From personal experience, I was not allowed to remove his name from the mortgage without refinancing. However, when I went to sell the house a few years later, he signed off on a quit claim deed, provided by the title company. Some lenders may be different, but this was my personal experience.
0 votes Thank Flag Link Tue May 20, 2008
Kristi,

You should have had an attorney in the divorce process. Presuming you did, ask them about the situation. Don't presume you're going to have to refinance until you talk to an attorney. I've seen homes in Texas with simple quit claim deeds filed that have the result you're looking for. If you have a mortgage, the mortgage company may require you alone to be requalified, but again, get an attorney to get you through this process. If you need references for one, we have experience with 3 very good ones here in Austin, but I don't know where in Texas you are. Best bet is to use your divorce attorney to help you with this.

Best regards,

Jeffrey
0 votes Thank Flag Link Tue May 20, 2008
Yes, but you will have to get a new mortgage. Ownership and credit are two different things. The lender doesn't care about the divorce. They have a legal right to recourse.
Web Reference: http://GetPrequalified.com
0 votes Thank Flag Link Tue May 20, 2008
Probably not. Likely the only way to do that is to refinance. I would think that would be outlined in your divorce decree. Some attorneys either want you to sell the house or refinance within X number of months. It's probably more for his good than for yours. What you may perphaps want instead is to get him off the deed. That you will need to speak to a title company about. The sooner the better. You don't want to be hunting him down when it is time to sell and needing him to sign off on this or that.
Web Reference: http://www.teamlynn.com
0 votes Thank Flag Link Tue May 20, 2008
Bruce Lynn, Real Estate Pro in Coppell, TX
MVP'08
Contact
Yes you can...you'll have to go thru the title company in order for all that tooo take place. You may have to refinance the property could be based on lender restrictions. If you need assistance contact my office I am a Texas home mortgage loan officer and a realtor
Web Reference: http://www.lynn911.com
0 votes Thank Flag Link Tue May 20, 2008
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