Property Q&A in Philadelphia>Question Details

Loveu4life, Home Buyer in Philadelphia, PA

Post divorce, How do we get a name removed from a title deed to my home?

Asked by Loveu4life, Philadelphia, PA Tue Oct 26, 2010

Help the community by answering this question:


Hi There...
It's Great that you took the time to inquire with professionals as soon as questions arise. There will be more questions throughout the Home Buying/Selling Process hence the importance in finding an agent that will be available at anytime to answer. If you have not established a relationship with an agent, please use my information below to discuss the Home Buying/Selling Process further and also to begin moving towards satisfying your interest in Real Estate. Speak with you soon.

Tamara EL-Mekki
Your Friend in Real Estate!
Keller Williams - Philadelphia
0 votes Thank Flag Link Sun Oct 31, 2010
Hello, Loveu4life,

It looks like that didn't happen in your case. Here is some information.
1. If you are already divorced and you ex-spouse is NOT agreeable to making any changes, you are stuck, in my opinion. This is something that you would want to have negotiated as a part of your equitable distribution settlement
2. If you signed mortgage docs in PA,it probably is stated that you CANNOT alter the original deed/ownership status without permission from the lender.
3. That being said, people do it every day through a title company
4. Taking a name off the deed does NOT remove the obligation to pay the mortgage. The only way to do that is for the person taking ownership to get a refinance.

I hope that you can work this out to your advantage. Please let me know if you have any other questions.

Carol Cei
ReMax Action Realty
0 votes Thank Flag Link Tue Oct 26, 2010
Let me clarify ---You cannot remove your self from the deed / title if you are on the loan. You cannot have a loan on a house you don't own. It has happened in the past but wouldn't in todays strict environment. Call me anc I can walk you through specific to your situation. Thus, I asked if you are on the loan. People get confused because the word mortgage to us is the loan --but legally speaking it is theSecurity Instrument that secures the Note / Loan to your home.

I can wlk you through in a few shoert minutes. 610-291-1460

0 votes Thank Flag Link Tue Oct 26, 2010
I agree with the above answer. One note though: if you are on the mortgage, you will still be liable for the home, even though you are no longer on the title/ can hurt you. Many people are not told this.
I suggest you contact the mortgage lender if you do have a current mortgage on the home. I would be happy to refer you to title companies also.
0 votes Thank Flag Link Tue Oct 26, 2010
Maura is correct, a title co will do it for less if in fact it is a cut and dry situation. If not you may want to contact an attorney.
0 votes Thank Flag Link Tue Oct 26, 2010
Hi LoveU for Life --

This is a very easy process. A few things to determine:
is one of you keeping the house?
Are both of you on the loan?
I have assisted many clients do this in the most cost effective way. call me today and i can walk you through. Maura 610.291.1460. Many will suggest an Atty --You don't really need one. A Title Company will do it for less.

Maura McDonnell
0 votes Thank Flag Link Tue Oct 26, 2010
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