Help I'm in a rut!

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I need some help on something...My ex-husband and I got a house together when we were married, now we are divorced and in the divorce I gave him the house. I need to get my name off of the house because he is messing up my credit. The divorce papers state that I am not responsible for the property. Someone told me that I could get a Quit Claim Deed and sign the house over to him to remove my name off the mortgage and from my credit. I do not want anything from the house or from him, I just want my name off of the house. Can someone please help me before he ruins me? confused Please reply asap. Thanks, Kristen

Comments(5)

  • way_motivated11th April, 2003

    it's probably best to talk to a local attorney but as far as i know a quit-claim would relinquish your equitable interest in the property so it should work......

  • tbelknap11th April, 2003

    Your name may not be on the house but I would bet that it is still on the mortgage. I really wouldn't think the bank will just let you off of the mortgage because of a divorce. That is a tough one but I hear this happening a lot. Maybe you can get him to sell the property to save your credit. I really don't know what a lawyer will be able to do about this. You signed the mortgage and gave the house up. You are still liable for that mortgage.

    Tom

  • frankCA11th April, 2003

    Sure sounds to me like a lead to a Short Sale and if you can't communicate with him, pass it on to a Short Sale expert for a referal fee. HUH?

  • tanya121511th April, 2003

    You need to get in touch with a RE attorney and a mortgage broker. The mortgage broker is to help your husband find a loan so he can do a refinance in his name only. The RE attorney is to find out the legalities of giving the deed to your husband via Quit Claim or another way, but only after he refinances and gets a loan in his name. Once you find a mortgage broker, refer your husband to them and ask your husband to refinance the mortgage to get your name off of it since you are not living there. Good luck.

    Tanya[ Edited by tanya1215 on Date 04/11/2003 ]

  • TheShortSalePro11th April, 2003

    It pays to have a forward thinking divorce attorney.... one who has experience in real estate metters, too.

    If I were asked to devise the real estate settlement portion of ther divorce agreement, I would have given your ex 90 days to refinance the property and enable your name to be removed from the mortgage and mortgage note. If he was unable to effectuate a refinance in his own name within 90 days, and/or the mortgagee wasn't willing to release you from liability... then the house would be appraised by a licensed real estate appraiser, and ordered listed by a licensed realtor, and sold within 90 days.


    In your case, I think that you have an exposure....

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