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Do you need to take your husbands name off of mortgage in order to execute quitclain deed signed by husband as part of divorce settlement?
Wiki User
∙ 14y ago
This topic must be made part of the negotiations for the divorce agreement.
When there is mortgaged property that will be the subject of a divorce settlement, the mortgage MUST be part of the negotiations. Neither party can "take the other party's name off the mortgage". Each is legally obligated to the lender.
Generally the settlement must include a clause that requires that the property be refinanced and the old mortgage paid off to release the party who will be transferring their interest in the property.
If your attorney has not mentioned this important detail then you are not being well represented.
Wiki User
∙ 14y ago
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Is the first wife entitled to any her ex husbands pension.?
If it hasn't been dictated as part of the divorce settlement, then no.
What happens if you get a reverse mortgage and then divorce?
That's going to be determined ultimately either by the court or a settlement agreement, if you decide to go that route.
Can a divorcee collect her ex husbands retirement payment after his death?
A divorcee can collect her ex husbands retirement pay following his death if it has been awarded during the divorce settlement. It is not automatic and relies on a number of factors.
Do chapter 7 bankruptcy relieves you of a mortgage in a divorce but the spouse stills lives in the home?
Filing for Chapter 7 bankruptcy will discharge your personal obligation to pay the mortgage, but it does not remove the lien on the property. Therefore, the mortgage lender can still foreclose on the home if the mortgage payments are not made. In a divorce, the issue of who is responsible for the mortgage payments would typically be addressed in the divorce settlement or court order.
Is a wife have monetary rights to her husbands home in a divorce?
Yes a wife has monetary rights to her husbands home in a divorce.
Statute of limitations on divorce settlement in California?
There is no statute of limitations on a divorce settlement. A divorce settlement is part of a court order and court orders do not expire.
If your ex husband files bankruptcy and you have a mortgage together that you have paid since the divorce and got in the divorce is this going to affect you?
Check with your divorce attorney for exactly how shared debts were apportioned in the settlement - but - if he filed for bankruptcy AFTER the divorce was final, no, it shouldn't affect you. I would, however, contact your mortgage company and notify them of the fact, unless it is stated otherwise in the divorce settlement, that he no longer has an "interest" in the house. The Deed and other legal home ownership papers should also reflect this as well. You had better check with your divorce attorney - all these things SHOULD have been taken care of at the time of the settlement. You may also want to get a copy of your credit report just to make sure that HIS debts, incurred AFTER the divorce, are not appearing on your record.
Who received the largest divorce settlement in the last five years?
The largest divorce settlement in the last five years, was the divorce of Rupert and Anna Murdoch. This divorce amounted in a settlement of about $1.7 million.
Is an ex-wife entitled to a husbands insurance settlement after 10 years of marriage the accident happened 8 years after their divorce but she still wants 50 percent of his settlement?
Many people who divorce do have a clause in the decree regarding insurance beneficiaries. If the decree is written this way and/or the policy includes her as a beneficiary, then she certainly has rights.
What was armstead Edwards divorce settlement to patti labelle?
How much did patti labelle vc from divorce settlement
What was the Ann and Rick Steves' divorce settlement?
Ann and Rick Steves divorced in 2010. It is not known exactly what caused them to divorce and how much the divorce settlement was.
Do you have to pay off your spouse if you keep the house in a divorce?
It depends on the terms of your divorce settlement and distribution of marital assets. The settlement will be negotiated by your respective attorneys. If you cannot agree then the court will decide the division. Generally, if one spouse gets to keep the house, it is in exchange for some other property or entitlement such as future alimony. If there is a mortgage on the property it must be addressed prior to the divorce. The person who will be retaining the property should arrange to pay off the mortgage and refinance in their own name. As long as both names are on the mortgage both are equally responsible for payment even if one has transferred their interest in the property to the other by deed.
