Home Buying in Trussville>Question Details

Debra Bonner, Other/Just Looking in Trussville, AL

i am divorced name still on house which was rewarded to ex. how do i get my name off the house so that i can buy a house for myself?

Asked by Debra Bonner, Trussville, AL Tue Feb 15, 2011

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Are you on the mortgage? If so, y'all will probably have to re-finance, that way you can have the title & mortgage changed to their name only. If your not, y'all should be able to do a quick claim deed or something similar. I would call your attorney and call a mortgage person to get the direction you need. There could be circumstances in the scenario that I am not covering so make you talk to your attorney first.
Thanks Dede
Web Reference: http://dedesparks.com
1 vote Thank Flag Link Tue Feb 15, 2011
I see you posted this in 2011... how did it go?
0 votes Thank Flag Link Mon Feb 4, 2013
You must sign a quit claim deed transferring your interest to your ex-wife. She must then re-finance in home her own name which will pay off the existing mortgage thus removing you from that mortgage effectively "getting you "name off the House". Just signing a quit claim deed will not remove your obligation to pay the mortgage if she defaults.

D. Ingram, Esq.
0 votes Thank Flag Link Sun Feb 3, 2013
The easiest way is for your ex-wife to refinance the home in her name. Often times the divorce decree will establish a time frame in which the spouse is required to have the home refinanced in their name. In doing so your name is no longer on a mortgage associated with the property.

A quit claim deed is another option. Remember though, if your name is on the most recent mortgage then a quit claim deed does not relinquish you from responsibility of the mortgage debt. Some mortgage companies may be able to work around this if you have a copy of the quit claim deed and a divorce decree stating the other party (ex) is responsible for the mortgage debt.

In my opinion it would be important for the ex-spouse to refinance the home in their name.

Consult with a loan officer and/or attorney to seek the correct step. Feel free to contact me, David Eubanks, with any questions (205) 661-0811.
0 votes Thank Flag Link Wed Dec 19, 2012
If your name is on the mortgage, the only way is for your ex to refinance. You can quit claim and all these other things but to have the home off of your credit to be able to purchase, your ex has to refinance. That is still your debt until house is sold or refinanced.
0 votes Thank Flag Link Tue Nov 27, 2012
I have previously gone through the same process. I had to sign a quit claim deed which gave all of my rights and interests in the home soley to my ex. He then had to get the home refinanced in his name only. You can use your divorce decree proving that he is responsible for those mortgage payments so that you can get approved to buy a home but if he were to ever be late on those payments your credit score would be affected making it more difficult for you to get a loan with or without the divorce decree. If you have any questions regarding whom I used and how I had to take care of this, please feel free to call or email me.

Linda Morris - Cardinal Realty
(205) 368-0287
lmorriscardinal@aol.com
0 votes Thank Flag Link Tue Feb 15, 2011
Debra,

Unfortunately, I've experienced a divorce in my past and was in the same position. You need a copy of your divorce decree & a Quick Claim Deed. These items will allow you to purchase a new home. Your name will not be removed from the original mortgage, but it will give documentation that your ex has agreed to take all responsibilities of the property. Please call me when you decide to buy a home and I will walk you through the process. God Bless! Heath Holmes (RealtySouth) 205-529-8842
0 votes Thank Flag Link Tue Feb 15, 2011
Besides obtaining a quitclaim deed, you'd need to contact the lender for each mortgage/deed-of-trust to ask them to do a novation. You probably should hire a real-estate attorney to help you with this.
0 votes Thank Flag Link Tue Feb 15, 2011
Debra, If you are on the mortgage and it was awarded to him. YOu should be able to do a quick claim deed. I would speak to your atty that assisted you during the divorce and I'm sure they or anothe atty can assist you with the process. Best of luck to you!
0 votes Thank Flag Link Tue Feb 15, 2011
Is your name on the mortgage? You might need to call your attorney.
0 votes Thank Flag Link Tue Feb 15, 2011
Are you still liable for the mortgage owed? If so, you may not be able to qualify, sorry to say. Did you have an attorney represent you in your divorce? Contact your attorney for guidance.
0 votes Thank Flag Link Tue Feb 15, 2011
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