tiana
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Post by tiana on Mar 6, 2021 11:07:11 GMT -5
Sorry, I could t find place to post this.
I am divorced from my husband and keeping the house, paying mortgage.
Few days ago I had finally received Property settlement agreement which says that I AM keeping the house and paying the mortgage and it says ‘husband agreed to transfer title to a wife’.
My question is that do I have to have a lawyer to ACTUALLY write NÉW deed? Or this court certified property agreement is enough for me to relax?
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tractor
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Post by tractor on Mar 6, 2021 11:29:52 GMT -5
I don’t have a solid answer to your question, but can you call a local title office and ask them, I suspect they will know.
I think it might depend on state where you live, but around here we have 1 or more title offices in every county that would know the answer. You county/city register of deeds should also be able to help as they are the ones who officially record titles.
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billisonboard
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Post by billisonboard on Mar 6, 2021 11:37:23 GMT -5
I don't have an answer to your exact question but want to offer a cautionary note. Every so often my wife of a dozen years "comments with a level of emotion" that her ex-husband is behind on his house payment again. How does she know? She has checked her credit score and it has gone down. She is still on the mortgage because that piece was never cleared up (and her ex is a financial train wreck who can't qualify for a mortgage on his own). I encourage you to take care of that piece now.
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Tennesseer
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Post by Tennesseer on Mar 6, 2021 11:43:23 GMT -5
tiana - you might ask one of the Money board moderators like Blonde Granny to move your thread to the Money board/Off Topic where more readers will read it and you can get multiple offers of advice.
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tiana
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Post by tiana on Mar 6, 2021 11:44:06 GMT -5
Thanks. I was just hoping to save money. Removing from deed is costly. Now I need to fold lawyer or title company? I had just began the process. I appreciate your advice.
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tiana
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Post by tiana on Mar 6, 2021 11:46:14 GMT -5
tiana - you might ask one of the Money board moderators like Blonde Granny to move your thread to the Money board/Off Topic where more readers will read it and you can get multiple offers of advice. Thanks. Do I need to send her message?
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Tennesseer
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Post by Tennesseer on Mar 6, 2021 11:50:15 GMT -5
tiana - you might ask one of the Money board moderators like Blonde Granny to move your thread to the Money board/Off Topic where more readers will read it and you can get multiple offers of advice. Thanks. Do I need to send her message? I tagged Blond Granny in my post so she will be notified of the message. Just post something in the next post asking her to move the thread to the Money/Off Topic board.
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Knee Deep in Water Chloe
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Post by Knee Deep in Water Chloe on Mar 6, 2021 12:59:23 GMT -5
Good morning! This was a completely frustrating situation for me. Yes, my divorce decree that awarded me the house allowed me to file a quit claim with the county to remove my ex-husband from the title. Filing the quit claim--at least in my county, ten years ago, did not cost very much. HOWEVER, that is a completely separate topic from the mortgage. Because we went through our divorce during the Great Recession, it took me a several years to be able to get my ex-husband off of the mortgage. It was not because I didn't want to; it was because I couldn't refinance a house that was underwater due to the real estate market crash.
Good luck!
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swamp
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Post by swamp on Mar 6, 2021 13:22:41 GMT -5
Sorry, I could t find place to post this. I am divorced from my husband and keeping the house, paying mortgage. Few days ago I had finally received Property settlement agreement which says that I AM keeping the house and paying the mortgage and it says ‘husband agreed to transfer title to a wife’. My question is that do I have to have a lawyer to ACTUALLY write NÉW deed? Or this court certified property agreement is enough for me to relax? Yes.
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tiana
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Post by tiana on Mar 6, 2021 14:45:44 GMT -5
Sorry, I could t find place to post this. I am divorced from my husband and keeping the house, paying mortgage. Few days ago I had finally received Property settlement agreement which says that I AM keeping the house and paying the mortgage and it says ‘husband agreed to transfer title to a wife’. My question is that do I have to have a lawyer to ACTUALLY write NÉW deed? Or this court certified property agreement is enough for me to relax? Yes. Yes what?
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swamp
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Post by swamp on Mar 6, 2021 16:22:18 GMT -5
Yes get a new deed and a release on the mortgage.
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haapai
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Post by haapai on Mar 6, 2021 16:35:23 GMT -5
Yes get a new deed and a release on the mortgage. Huh?! That is not how things work in my state.
In my state, removing someone from the deed via quitclaim is cheap, easy, and common. The other option is rewriting the deed, which is not cheap, easy, or common.
Real estate law is a creature of the state, and in my state, getting another deed written up is a waste of resources that would almost always be better employed for refinancing the mortgage to get the former spouse off of it.
If the OP's X has a halfway decent lawyer, the divorce degree should also stipulate that his name is to be removed from the mortgage, which almost always involves refinancing. He'd be a damn fool to quitclaim a house that he was still on the mortgage for.
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swamp
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Post by swamp on Mar 6, 2021 16:57:06 GMT -5
Yes get a new deed and a release on the mortgage. Huh?! That is not how things work in my state.
In my state, removing someone from the deed via quitclaim is cheap, easy, and common. The other option is rewriting the deed, which is not cheap, easy, or common.
Real estate law is a creature of the state, and in my state, getting another deed written up is a waste of resources that would almost always be better employed for refinancing the mortgage to get the former spouse off of it.
If the OP's X has a halfway decent lawyer, the divorce degree should also stipulate that his name is to be removed from the mortgage, which almost always involves refinancing. He'd be a damn fool to quitclaim a house that he was still on the mortgage for.
Actually the lawyer should prepare the deed and release as part of the divorce. And there really in any any difference in preparing a quitclaim deed vs a warranty deed. It’s all full in the blank. Different wording in the deed. I’ve prepared at least a few thousand.
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tiana
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Post by tiana on Mar 6, 2021 19:17:35 GMT -5
There was no lawyer at divorce. We went to the court. Paid $300 for pack of papers we filled and got divorced in 90 days. We had nothing to fight for. Child is 27 and house is her inheritance as we couldn’t give her no more. I am living in the house paying everything BY MYSELF.
I was told I need to remove him from deed. I am trying to find cheapest way to do it. Thinking if court order says ‘wife keeping the house’ - maybe I don’t have to pay hundreds of dollars to remove him from deed? I know I have to. Just finding cheapest way. Thanks everyone
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swamp
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Post by swamp on Mar 6, 2021 20:01:24 GMT -5
There was no lawyer at divorce. We went to the court. Paid $300 for pack of papers we filled and got divorced in 90 days. We had nothing to fight for. Child is 27 and house is her inheritance as we couldn’t give her no more. I am living in the house paying everything BY MYSELF. I was told I need to remove him from deed. I am trying to find cheapest way to do it. Thinking if court order says ‘wife keeping the house’ - maybe I don’t have to pay hundreds of dollars to remove him from deed? I know I have to. Just finding cheapest way. Thanks everyone I made a whole bunch of money as a lawyer fixing this people did for themselves to save money. It generally costs 2 or 3 times as much to fix the problem than just do it right the first time.
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NoNamePerson
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Post by NoNamePerson on Mar 7, 2021 7:38:22 GMT -5
There was no lawyer at divorce. We went to the court. Paid $300 for pack of papers we filled and got divorced in 90 days. We had nothing to fight for. Child is 27 and house is her inheritance as we couldn’t give her no more. I am living in the house paying everything BY MYSELF. I was told I need to remove him from deed. I am trying to find cheapest way to do it. Thinking if court order says ‘wife keeping the house’ - maybe I don’t have to pay hundreds of dollars to remove him from deed? I know I have to. Just finding cheapest way. Thanks everyone And find out that it cost 50 times more in the long run to fix the cheap way.
ETA: just saw swamp post. And will adjust my post to 2 or 3 times more. And if the house is kids inheritance how does that work if only one of you croaks and house/deed/mortgage in both names?
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tiana
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Post by tiana on Mar 7, 2021 8:40:29 GMT -5
There was no lawyer at divorce. We went to the court. Paid $300 for pack of papers we filled and got divorced in 90 days. We had nothing to fight for. Child is 27 and house is her inheritance as we couldn’t give her no more. I am living in the house paying everything BY MYSELF. I was told I need to remove him from deed. I am trying to find cheapest way to do it. Thinking if court order says ‘wife keeping the house’ - maybe I don’t have to pay hundreds of dollars to remove him from deed? I know I have to. Just finding cheapest way. Thanks everyone And find out that it cost 50 times more in the long run to fix the cheap way.
ETA: just saw swamp post. And will adjust my post to 2 or 3 times more. And if the house is kids inheritance how does that work if only one of you croaks and house/deed/mortgage in both names?
I am having an offer to do it for $400 and $750 I am doing my homework work and I do t see how is this a crime. Also I don’t believe in giving children what you planning is requires death of the parent. If I’ll pay it off while I am alive I’ll give it to her WHILE I am alive. And yes. This is why I am asking these questions about importance of removing spouses name from a deed because court papers said it’s mine. I am merely researching and doing my work because I can.
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tiana
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Post by tiana on Mar 7, 2021 8:48:06 GMT -5
Yes get a new deed and a release on the mortgage. Huh?! That is not how things work in my state.
In my state, removing someone from the deed via quitclaim is cheap, easy, and common. The other option is rewriting the deed, which is not cheap, easy, or common.
Real estate law is a creature of the state, and in my state, getting another deed written up is a waste of resources that would almost always be better employed for refinancing the mortgage to get the former spouse off of it.
If the OP's X has a halfway decent lawyer, the divorce degree should also stipulate that his name is to be removed from the mortgage, which almost always involves refinancing. He'd be a damn fool to quitclaim a house that he was still on the mortgage for.
What is confusing is that you saying in first half of your post that it’s easy to quitclaim and it’s cheap and easy. And second portion says if he has a lawyer he would be fool to quit. According to a divorce court decision I am keeping the house. Paying the rest of mortgage without holding him responsible for any of my payments. He isn’t contributing a penny. How is any lawyer can help him to get anything that has to do with house?
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tiana
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Post by tiana on Mar 7, 2021 8:50:23 GMT -5
There was no lawyer at divorce. We went to the court. Paid $300 for pack of papers we filled and got divorced in 90 days. We had nothing to fight for. Child is 27 and house is her inheritance as we couldn’t give her no more. I am living in the house paying everything BY MYSELF. I was told I need to remove him from deed. I am trying to find cheapest way to do it. Thinking if court order says ‘wife keeping the house’ - maybe I don’t have to pay hundreds of dollars to remove him from deed? I know I have to. Just finding cheapest way. Thanks everyone I made a whole bunch of money as a lawyer fixing this people did for themselves to save money. It generally costs 2 or 3 times as much to fix the problem than just do it right the first time. I understand that suggestion is - get the lawyer! One more question. Since you fixed deeds a lot - does removing name from deed does require refinancing? Thanks
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tractor
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Post by tractor on Mar 7, 2021 10:27:53 GMT -5
Huh?! That is not how things work in my state.
In my state, removing someone from the deed via quitclaim is cheap, easy, and common. The other option is rewriting the deed, which is not cheap, easy, or common.
Real estate law is a creature of the state, and in my state, getting another deed written up is a waste of resources that would almost always be better employed for refinancing the mortgage to get the former spouse off of it.
If the OP's X has a halfway decent lawyer, the divorce degree should also stipulate that his name is to be removed from the mortgage, which almost always involves refinancing. He'd be a damn fool to quitclaim a house that he was still on the mortgage for.
What is confusing is that you saying in first half of your post that it’s easy to quitclaim and it’s cheap and easy. And second portion says if he has a lawyer he would be fool to quit. According to a divorce court decision I am keeping the house. Paying the rest of mortgage without holding him responsible for any of my payments. He isn’t contributing a penny. How is any lawyer can help him to get anything that has to do with house? Do you have any equity in the house that he could come after or was this spelled out in the settlement? If not, that’s a great reason for him to hire a lawyer.
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Knee Deep in Water Chloe
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Post by Knee Deep in Water Chloe on Mar 7, 2021 10:58:29 GMT -5
I made a whole bunch of money as a lawyer fixing this people did for themselves to save money. It generally costs 2 or 3 times as much to fix the problem than just do it right the first time. I understand that suggestion is - get the lawyer! One more question. Since you fixed deeds a lot - does removing name from deed does require refinancing? Thanks I don't know if you're actually angry with us or if I'm just adding that tone to it and should not be.
However, a quitclaim is easy, but people who aren't good at paperwork can mess it up. There are a lot of ways one person can get something from someone else even though a contract says they weren't supposed to. Getting the lawyer is expensive. It also protects you. I have been in this situation. In my situation, filing the quit claim did not affect the mortgage. But, the mortgage is a huge problem on its own. If you leave his name on the mortgage, he will have a right to contest everything. It doesn't matter if you're paying the mortgage.
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Knee Deep in Water Chloe
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Post by Knee Deep in Water Chloe on Mar 7, 2021 11:01:25 GMT -5
Huh?! That is not how things work in my state.
In my state, removing someone from the deed via quitclaim is cheap, easy, and common. The other option is rewriting the deed, which is not cheap, easy, or common.
Real estate law is a creature of the state, and in my state, getting another deed written up is a waste of resources that would almost always be better employed for refinancing the mortgage to get the former spouse off of it.
If the OP's X has a halfway decent lawyer, the divorce degree should also stipulate that his name is to be removed from the mortgage, which almost always involves refinancing. He'd be a damn fool to quitclaim a house that he was still on the mortgage for.
What is confusing is that you saying in first half of your post that it’s easy to quitclaim and it’s cheap and easy. And second portion says if he has a lawyer he would be fool to quit. According to a divorce court decision I am keeping the house. Paying the rest of mortgage without holding him responsible for any of my payments. He isn’t contributing a penny. How is any lawyer can help him to get anything that has to do with house? Divorces go back to court all the time. What happens if you stop paying the mortgage?
We all have different definitions of "cheap". I massively hemorrhaged money during my divorce and for years after. It's a horrible situation even for the one who initiated it. For some, another $500 is cheap. For some, it's an insane amount of money. For some, $500 compared to $10,000 is cheap.
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Knee Deep in Water Chloe
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Post by Knee Deep in Water Chloe on Mar 7, 2021 11:02:19 GMT -5
What is confusing is that you saying in first half of your post that it’s easy to quitclaim and it’s cheap and easy. And second portion says if he has a lawyer he would be fool to quit. According to a divorce court decision I am keeping the house. Paying the rest of mortgage without holding him responsible for any of my payments. He isn’t contributing a penny. How is any lawyer can help him to get anything that has to do with house? Do you have any equity in the house that he could come after or was this spelled out in the settlement? If not, that’s a great reason for him to hire a lawyer. Excellent point. There's "keeping the house" and then there is the division of equity. Completely different topics.
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tiana
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Post by tiana on Mar 7, 2021 11:27:37 GMT -5
What is confusing is that you saying in first half of your post that it’s easy to quitclaim and it’s cheap and easy. And second portion says if he has a lawyer he would be fool to quit. According to a divorce court decision I am keeping the house. Paying the rest of mortgage without holding him responsible for any of my payments. He isn’t contributing a penny. How is any lawyer can help him to get anything that has to do with house? Do you have any equity in the house that he could come after or was this spelled out in the settlement? If not, that’s a great reason for him to hire a lawyer. And if his name is removed from The Deed he will have no rights fir the equity (which there are equity in it of course)
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Knee Deep in Water Chloe
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Post by Knee Deep in Water Chloe on Mar 7, 2021 11:32:16 GMT -5
Do you have any equity in the house that he could come after or was this spelled out in the settlement? If not, that’s a great reason for him to hire a lawyer. And if his name is removed from The Deed he will have no rights fir the equity (which there are equity in it of course) That's not how this works.
Does the divorce decree actually say that you get the house now and the equity accrued since its purchase to the separation? Have you already split that equity? Is that stated in the divorce decree?
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tiana
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Post by tiana on Mar 7, 2021 11:36:23 GMT -5
I understand that suggestion is - get the lawyer! One more question. Since you fixed deeds a lot - does removing name from deed does require refinancing? Thanks I don't know if you're actually angry with us or if I'm just adding that tone to it and should not be.
However, a quitclaim is easy, but people who aren't good at paperwork can mess it up. There are a lot of ways one person can get something from someone else even though a contract says they weren't supposed to. Getting the lawyer is expensive. It also protects you. I have been in this situation. In my situation, filing the quit claim did not affect the mortgage. But, the mortgage is a huge problem on its own. If you leave his name on the mortgage, he will have a right to contest everything. It doesn't matter if you're paying the mortgage. I had never heard about divorces goes back to court. I am not having many people around me who are divorced or divide or held to a property after divorce - that’s why to me it’s no knowledge zone. I had always thought that court said it and that’s how it is! Apparently it isn’t and I am getting lawyer of course. Now...when his name is removed from Deed - is this a guarantee of him not coming after anything? Or it is also a questionable matter? Also you had mentioned refinancing. Could that be avoided? I am in PA. I am going to get in this tomorrow morning. I had gotten papers Friday and I couldn’t get onto this issue so now I am more/less warned thanks guys.
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tiana
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Post by tiana on Mar 7, 2021 11:39:39 GMT -5
And if his name is removed from The Deed he will have no rights fir the equity (which there are equity in it of course) That's not how this works.
Does the divorce decree actually say that you get the house now and the equity accrued since its purchase to the separation? Have you already split that equity? Is that stated in the divorce decree?No. Nothing said about equity. It says that wife retains the property and pays mortgage and not supposed to hold husband responsible for them. Also said wife agree to sell or refinance N/A
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billisonboard
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Post by billisonboard on Mar 7, 2021 12:05:49 GMT -5
I don't know if you're actually angry with us or if I'm just adding that tone to it and should not be.
However, a quitclaim is easy, but people who aren't good at paperwork can mess it up. There are a lot of ways one person can get something from someone else even though a contract says they weren't supposed to. Getting the lawyer is expensive. It also protects you. I have been in this situation. In my situation, filing the quit claim did not affect the mortgage. But, the mortgage is a huge problem on its own. If you leave his name on the mortgage, he will have a right to contest everything. It doesn't matter if you're paying the mortgage. I had never heard about divorces goes back to court. I am not having many people around me who are divorced or divide or held to a property after divorce - that’s why to me it’s no knowledge zone. I had always thought that court said it and that’s how it is! Apparently it isn’t and I am getting lawyer of course. Now...when his name is removed from Deed - is this a guarantee of him not coming after anything? Or it is also a questionable matter? Also you had mentioned refinancing. Could that be avoided? I am in PA. I am going to get in this tomorrow morning. I had gotten papers Friday and I couldn’t get onto this issue so now I am more/less warned thanks guys. Your relationship with the mortgage company is separate than the one with the government. They loaned money to you and your now ex-husband based on your joint finances. They will not remove his name from the loan simply because the two of you are getting divorced. You will need to prove to them that you alone can pay for house. Otherwise they will keep him as a party responsible for repaying the loan. Them getting their money is their legitimate concern.
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tallguy
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Post by tallguy on Mar 7, 2021 14:02:39 GMT -5
Bill is right. Getting someone removed from the deed should be a fairly simple matter as long as they are cooperative. Getting them removed from the mortgage is not and will likely require a full refinance. I tried to do a streamlined refinance that I was offered. One representative told me I could have my ex removed that way, but when it ultimately finished the lender would not do it that way. In a streamlined refinance they would not allow such changes in the terms. I went back and forth with them, ultimately getting angry enough to just write a big check and pay off the balance when I could a couple years later. That got the ex off the mortgage. I would not, by the way, allow my name to be taken off the deed if I were still on the mortgage as the OP's ex appears to be. My ex was not on the deed at all. I don't know why her attorney did not insert language requiring me to refinance, but she was not in reality in danger from it and it almost certainly helped her credit score....
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tiana
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Post by tiana on Mar 7, 2021 20:48:41 GMT -5
Bill is right. Getting someone removed from the deed should be a fairly simple matter as long as they are cooperative. Getting them removed from the mortgage is not and will likely require a full refinance. I tried to do a streamlined refinance that I was offered. One representative told me I could have my ex removed that way, but when it ultimately finished the lender would not do it that way. In a streamlined refinance they would not allow such changes in the terms. I went back and forth with them, ultimately getting angry enough to just write a big check and pay off the balance when I could a couple years later. That got the ex off the mortgage. I would not, by the way, allow my name to be taken off the deed if I were still on the mortgage as the OP's ex appears to be. My ex was not on the deed at all. I don't know why her attorney did not insert language requiring me to refinance, but she was not in reality in danger from it and it almost certainly helped her credit score.... You saying removing one from mortgage is easy as long as they are cooperative. My understanding was - he signed and agreed for me to keep the house so he is free of mortgage payments - so that’s that! I was thinking nobody (court) will assume I just like to pay mortgage... Now you maki g me think... Your spouse wasn’t even ON a deed...here we talking completely different case scenario or not? Well...tomorrow I’ll be talking to lawyers. I don’t have an issue with an ex because we both know house is off charts - it’s child’s inheritance and we both agree to it. Divorce was my fault but I am not marrying again. He got married and I wouldn’t even think about all this BUT his new wife is strange. Much younger and if he died - she would be my problem, right? I am mostly worry about what will happen IF he died. While he is alive - we are ok. He will never go against me AND his child. Thanks to all of you. I’ll see what lawyer says... swampDo I have to trust any lawyer? How do I know who is to trust? Thanks
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