Financing in La Marque>Question Details

Tammy Diaz, Home Buyer in La Marque, TX

Please advise me on how to remove my ex-husbands name from my mortgage? Been divorced 14yrs. They said I can't

Asked by Tammy Diaz, La Marque, TX Wed Jan 23, 2008

I was awarded the house in the divorce. I am almost finished paying for it and I didn't want his name to appear on the deed and have to pay additional money to have it fixed. Thanks for the advice!

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12
Hi Tammy. As someone that's in the mortgage industry, I can tell you the only way to remove your ex-husband from the mortgage is to refinance. You can remove him from the deed by doing a quit claim(he would have to sign it so don't think you can do it without him knowing), but that doesn't change anything regarding the mortgage. If you have any questions, please don't hesitate to ask.
2 votes Thank Flag Link Wed Jan 23, 2008
Hi Tammy,

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.
2 votes Thank Flag Link Wed Jan 23, 2008
I received the following email from Jill Kraft, apparently in a moment of self veneration.

SUBJECT: Please shut up

Message from kraft27773@mypacks.net
I don't doubt that you believe you know what you're talking about, as all "relators" with a 60 hour education do...do all of us a favor and educate yourself. You give everyone in the business a bad name.


Jill,

OK, I am not sure why my post dated 12 FEB2008 required such venom, but please allow me to um...Un Shut Up.

First of all, you are incorrect in your post. Not all property is transferred via deed. Second, we are REALTORS®. Read your own COE. Lastly, it may be my various degrees, my years if investigative work for the government, my vast experience as an expert court witness. The fact that I have served on the Board of REALTORS® for several years, my status as a FAR director, or possibly my experience in several countries under a helmet and behind a rifle in service of this nation that makes me feel superior to some. Or it may just be that I continue to meet morons like you that make me feel gifted.

At any rate, my comments don't warrant your email and therefore you have been ousted as the cretin and coward you are. Thank-you for brightening my Veterans Day.



Gary De Pury
Broker~Owner
Bay Vista Realty
Tampa, Florida
Chairman, Communications Committee
Greater Tampa Association of REALTORS®
Director, Florida Association of REALTORS®
1 vote Thank Flag Link Tue Nov 11, 2008
Good God! The second response is the only legitimate response. A Quit Claim Deed only releases your interest in a property. IF YOU ARE ON THE MORTGAGE you MUST refinance AND get a quit claim deed if you are in a dower interest state. Simplified: if you both used your income/jobs to qualify for the loan, and both are listed on the mortgage documents, you cannot simply "write yourself off the loan" with a quit claim deed!!!!!!!! No wonder our industry is in such terrible shape...educate yourselves people!
1 vote Thank Flag Link Mon Nov 10, 2008
Be careful of your answers. Florida is a Deed state, meaning the DEED is created just after closing. Texas has different laws. The bottom line is that the Mortgage, once paid, ceases to exist. It is only security for the NOTE. So the Deed should be issued to the sole owner of the property. If your Practice Husband "QUIT HIS CLAIM" to the home, and that deed (Quit Claim Deed) is on record, then you should be able to move forward. I would invest a few hundred dollars in a Real Estate Attorney for a true legal opinion, because if the bank misses the mark, you will be spending thousands to fix it. Once his name IS on the deed, he could potentially own 1/2 of the house.

Good luck and contact an attorney. That is what I would do.
1 vote Thank Flag Link Tue Feb 12, 2008
A quit claim deed is only for title!! NOT your mortgage. You need to refi into your name. Some lenders don't charge for a refi when you're a present customer. The only way to get him off your mortgage is to refinance. This is because the lender needs to know you qualify to pay the loan on your own. They won't take him off just because there was a divirce and you got the house. A real estate attorney will take your money, however, they aren't the ones that take his name off the mortgage. Go directly to the lender for a refi. I wish it was more simple! Good luck!
1 vote Thank Flag Link Tue Feb 12, 2008
We recently got divorced in Fort Bend county, Texas.
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.
0 votes Thank Flag Link Sat Feb 21, 2015
My ex wife had a lien on my house, i have satified the payment i owed to her, have spent thousands of dollars, i can't seem to get her name off. I did refi, does that mean she is not on the lien any longer? Also, I am getting married this year, when i do can i put her name on the deed?
0 votes Thank Flag Link Thu Mar 29, 2012
In Texas do NOT ever use a Quit Claim deed! You will not be able to sell with a title policy that most likely everyone is going to make you get. Refi or if that low on your payments left just finish them out and the mortgage should just get released from who ever is on it. You can use a special warrantee deed or a deed w/out warrantees here in texas instead of the quit claim.
0 votes Thank Flag Link Mon Jan 9, 2012
Hi Tammy,

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
0 votes Thank Flag Link Thu Aug 12, 2010
I was actually in this SAME situation...my exhusband was required to sign a quit claim deed and I had to refinance to get it out of his name.
0 votes Thank Flag Link Tue Aug 10, 2010
My apologies, but must reply to the Texan saying it is a "Deed State". For Christ's sake all propery is transferred via a "Deed". What they should have said was a "DOWER STATE". Is ignorance really curable? Yes, but stupidity IS NOT.
0 votes Thank Flag Link Mon Nov 10, 2008
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