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Do you need to refinance your house if your ex husband signed a quit claim deed as part of a divorce agreement?
Wiki User
∙ 13y ago
Answer
You need to review the term of your divorce agreement. It may require that you refinance.
Property that was once marital property and that is being transferred from one former spouse to the other pursuant to a separation agreement should always be refinanced by the receiving party. Otherwise, even if they have conveyed their interest, the ex-spouse remains responsible for paying the mortgage. If it goes into default his credit will be ruined.
Your ex-husband should have insisted that the property be refinanced in consideration of his transferring his interest to you. The only way for him to be released from the mortgage obligation is for the mortgage to be paid off and then refinanced.
Wiki User
∙ 13y ago
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My husband signed a quitclaim deed to me but I never refinanced to remove his name from the mortgage note and it has been seven years. Can I be forced to sell my property or sued?
If your husband signed the deed as part of a separation agreement that you refinance the property in your own name and you didn't, then you are in contempt of a court order. You should consult with an attorney, preferably the attorney who represented you in the divorce.
What rights does the wife have in the event of a divorce if the husband has signed a purchase agreement to buy a house in Iowa but changed his mind?
If both parties signed the contract then both are responsible. Have the contract reviewed by your attorney and try to negotiate a settlement with the sellers and with your husband through his attorney.
If you live in Missouri can you get a divorce from your husband in South Carolina?
Yes, you can still get a divorce. You need to contact your husband so the correct papers can be signed from your lawyer.
Can a woman stop a divorce after she has already signed the divorce petition but then finds out her husband was cheating on her and wants more from the divorce?
Doesn't matter, most states are no fault.
What do you do if your husband in prison you file for a divorce and he won't signed the papers?
Have an affair and live the way you like...!
On July 10th 2006 i went to court to get divorced when i appeared in front of the judge my husband said he did not know what he signed and the divorce did not go through what can i do what will happen?
If your divorce did not go through because your husband claimed he did not know what he signed, you may need to consult with a lawyer to determine the next steps. Depending on the circumstances and the laws in your jurisdiction, you may need to resubmit the divorce paperwork or address any legal challenges that arise from your husband's claim of not understanding the documents he signed.
Why did Ben Carson's parents divorce?
because bens mother found out that her husband had another family on the side so she rented out the house and signed for a divorce
What if divorce papers sent are not signed by plaintiff?
Then you're NOT divorced. Both husband and wife MUST sign the divorce papers for the disillusion of marriage to be legal.
What can i do my husband signed divorce and custody papers from me by cheating?
The best thing to do is to seek legal counsel from an attorney .
Can you remove your wife from the title?
If she is also paying the mortgage, then you will need to get the agreement of the lender to do this. At my divorce, I signed a quitclaim, which may be what you need.
I signed off on the house during the divorce The loan is in my name The deed is in both our names TX He refuses to refinance How do I get out from under the mortgage so that I can buy another home?
You should have addressed that situation at the time of the divorce. When a divorce decree is entered, generally, the parties should be free and clear of any claims they may have had against the other. All matters should be resolved, especially an outstanding shared debt. I am assuming that when you state that you signed off on the house you transferred your interest to your ex-husband by deed. If that is correct consider this: At the time of the divorce negotiations, your leverage was your interest in the property. Part of the agreement for you to transfer your interest SHOULD have been that your ex-husband refinance the property in his own name to take your name off the outstanding debt. If the loan was in your name, it should have been paid off at that time. You have no leverage now. If you were represented by an attorney you should contact her/him and ask why this matter was not resolved at the time of the divorce. Your lawyer was responsible for addressing this situation on your behalf and was paid to represent your interests. If that is not possible then you should consult with an attorney who could review your present situation and file a claim in a court of equity.
Are you still married if your husband was deported 8 years ago?
Yes. No matter which of the two countries you were married in, you are married until one of you dies or you get a judgment of divorce signed by a judge. You can still divorce your husband, even if he lives in a foreign country. You can still divorce your husband, even if you cannot find him. You cannot legally remarry until you obtain a divorce.
