how do i get my name off mortgage & deed of home awarded to husband in divorce settlement?

Asked by Angiemcv, Huntsville, AL Sun Jan 8, 2012

We have two homes that were purchased while we were married. One in Alabama which I live in with our two children and the other that we purchased in Texas that is being used as a rental home.

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6
Richard Robi…, , Huntsville, AL
Mon Jan 9, 2012
Angie,

I am assuming you need relief of the one in Texas. If you were not ruled to pay for the house for him, then at all costs get yourself off of the mortgage first.

Since you have a court order to relinquish rights and your attorney did not make the case for removal of obligation of the mortgage then you have a problem to overcome. Perhaps he cannot qualify to purchase the house on his own which may hinder his willingness to refinance. Also their may be a spitefull motivation in this breakup in which he will try to make all the possible problems for you he can.

At this point, I am going to suggest you contact either Sarah Taggart or Stan McDonald. Both are real estate attorney's here in the Huntsville area. It may be best to have your own counsel in the steps to take to resolving this issue.

Good luck.
1 vote
Jim Robinson, , Huntsville, AL
Wed Jan 18, 2012
Please see an attorney. This is fairly straight forward but laws vary from state to state. Your attorney should be able to help you in a professional manner. Best wishes.
0 votes
Angiemcv, Home Buyer, Huntsville, AL
Mon Jan 9, 2012
Thanks Rick! I will definitely contact one of the real estate attorney's you suggested. You are right, my ex is now making what I thought would be a simple amicable process into something that is making my life miserable. Our settlement seems very vague and has not addressed a lot of important issues that I find myself facing right now. To add to the debacle, the home that we own in Texas has my name on the mortgage & the Deed but the home that I live in here with our children (we purchased in 2005) does not have my name attached to the mortgage...My name is not on the physical deed that I have in hand but I have confirmed through an attorney that my name is on the title. I was concerned before our proceedings that my ex would try to sell the home out from under me but have been reassured that he would not be able to do this since a title search shows my name on it and that would halt a sale without my knowledge. I would still feel more comfortable to have that Deed with my name on it in my hand though. I am facing issues right now because our settlement states that my ex must make the mortgage payment for the home that I live in here in Alabama with our children for a period of 30 months and at the end of that period may purchase at loan balance or walk away. We have a MAJOR repair outstanding for our fireplace which I facilitated all of the paperwork through the insurance company and my ex is holding the check from the insurance company and rescheduling my repair dates without my knowledge.... (he is military and lives in North Carolina) He has made text statements to me stating that this is HIS house & I merely live here. I do need an attorney for this and I appreciate your help & advice!!! Thanks again!
0 votes
Isaac Winkles, Agent, Huntsville, AL
Mon Jan 9, 2012
You should not remove any interest on real property mortgaged in your name, unless you can be taken off the note. If you remove your interest but are still left liable for the debt this would definitely not be a good situation. Try to get the ex-husband to refinance or sell the property.
0 votes
Richard Robi…, , Huntsville, AL
Sun Jan 8, 2012
Angie,

Rodney is right. However I would not give up rights to a property if I was still on the mortgage. If your ex fails to make the payments you and your credit are on the line. You should speak to a lawyer about having rights to reclaim the property if he fails to make the payments and then sell or rent the property out. Ideally, it should be refinianced to make a clean break in the relationship. Being on the mortgage will also hinder your ability to finance anothe home in the future.

Good Luck

Rick Robinson
0 votes
Rodney Mason, Mortgage Broker Or Lender, Atlanta, GA
Sun Jan 8, 2012
You can have you name removed from the deed by executing a Quit Claim Deed. With a Quit Claim Deed, you will give up all rights to the property.

To get your name removed from the liability of the mortgage, your husband would have to refinance the mortgage. Your divorce decree should have specified a timeline for this to take place. Only in rare instances will a mortgage company remove a party from the note without a refinance taking place.

Regards,
Rodney Mason, NMLS #151088
Sr Loan Officer
Prospect Mortgage
825 Juniper St NE, Atlanta, GA 30308
Office: (404) 591-2453
rodney.mason@prospectmtg.com
Apply Online at http://www.rodneymason.com
Licensed in Alabama & Georgia

Prospect Mortgage offers a full selection of mortgage programs including:
Conventional | FHA | FHA 580-639 FICO | FHA 203K Renovation (Streamline & Consultant) | HomePath® | HomePath® Renovation | VA | USDA | GA Dream | Jumbo Financing
Web Reference:  http://www.rodneymason.com
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