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Not necessarily. It would depend on the courts issued judgment. At times, when the mortgage is in both names, it stays in both names until the house is sold. Usually, this takes place when the children reach the age of emancipation (unless they are still in school as full-time students). Still, it depends on the judgement.
A Different Perspective
Any matters regarding real property, mortgages and deeds should be addressed at the time of the divorce. Banks are not bound by divorce agreements. Any changes in the mortgage must be approved and executed by the bank and must be in writing. Generally, the mortgage remains in both names until it is paid off.
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∙ 13y ago
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You got divorced and left the ex stay in the house with your name still on the mortgage she abandoned the house and quit paying the mortgage can you legally move back into the house?
if the mortgage is in your name then keep paying it off. if the mortgage is in both names of you and your ex then contact the finantial institution for advise so you dont have trouble later down the track with your ex claiming half when the house is paid off.
I am divorced i have a quit claim deed on my ex's house she is going into foreclosure can the bank come after me?
If you didn't sign the mortgage then the bank can't come after you for payment in the case of a default. However, they can foreclose on the mortgage and take possession of the property notwithstanding the quitclaim deed to you.
Can you get your bankrupt ex partner taken off your joint mortgage?
You would need to refinance your mortgage loan to remove the ex.
How do you get your name off your ex husbands mortgage in new york state?
how do i get my name off my ex husbands mortgage in new york state if he cannot requalify with the bank
Does the ex-wife have to sign quitclaim deed she agreed to sign in divorced if exhusband dies before she signs?
If she agreed to sign it, she still has to. The ex husband's heirs can enforce the agreement on behalf of his estate.
How can I terminate my ex-partner's obligation on a mortgage loan without removing him from the mortgage loan as I won't be approved for a refinance if I have sole responsibility for the loan?
No you can not. The best you can do is take him off the deed by having him sign a quick claim deed. You will need to qualify for a refinance to get him off the loan.
How do you get your ex off of the mortgage without refinancing?
You can't. You must refinance.
I got divorced and ex was awarded house. should i sign a special warranty deed over?
I would only sign a quitclaim deed.
How do you get your ex-spouse off the mortgage agreement without spending a lot of money?
You will have to refinance your loan in order to get his name off. The loan now has both of your names on it because you both appied at the same time. This mortgage has to be paid off in order to remove the ex-spouse. That means you will have to apply for a new mortgage in your name only.
You quitclaimed your interest in your home to ex who recently died. How do you get your name off the mortgage?
You can't take your name off a mortgage that you signed. When you quitclaimed your interest in the property to your ex-husband you should have made it a condition that he refinance the property and pay off the existing mortgage that has your name on it. An attorney would have, should have, advised you to do that. When you conveyed your interest in the property without getting your name off the mortgage at the same time you made yourself responsible for paying a mortgage on property you no longer own.You can't take your name off a mortgage that you signed. When you quitclaimed your interest in the property to your ex-husband you should have made it a condition that he refinance the property and pay off the existing mortgage that has your name on it. An attorney would have, should have, advised you to do that. When you conveyed your interest in the property without getting your name off the mortgage at the same time you made yourself responsible for paying a mortgage on property you no longer own.You can't take your name off a mortgage that you signed. When you quitclaimed your interest in the property to your ex-husband you should have made it a condition that he refinance the property and pay off the existing mortgage that has your name on it. An attorney would have, should have, advised you to do that. When you conveyed your interest in the property without getting your name off the mortgage at the same time you made yourself responsible for paying a mortgage on property you no longer own.You can't take your name off a mortgage that you signed. When you quitclaimed your interest in the property to your ex-husband you should have made it a condition that he refinance the property and pay off the existing mortgage that has your name on it. An attorney would have, should have, advised you to do that. When you conveyed your interest in the property without getting your name off the mortgage at the same time you made yourself responsible for paying a mortgage on property you no longer own.
If you have a joint mortgage with an ex partner and you are refused a chage of parties for your joint mortgage are there any other options to getting them off the mortgage?
contact a real estate attorney in your state to assist you
You want to take your name off the deeds to your house and leave it to your ex partner but he can not remortgage so can you keep the currant mortgage on house with out having to take your name off?
The bank doesn't care whose name is on the deed, just whose name is on the mortgage. You can sign a quit claim deed so it is all the partner's. So you would be giving up deeded ownership and still be liable for the mortgage if your ex; who can't qualify for a mortgage ever defaults? Really? This doesn't sound like a good idea on so many levels.
