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How do you removed wife from mortgage title and deed of the house before you get a divorce?
Wiki User
∙ 17y ago
She will need to sign a new deed assigning her portion to you. If you're getting divorced anyway why not have your attorney make that part of the settlement. You may need to pay her her portion.
Wiki User
∙ 17y ago
Wiki User
∙ 15y agoYour ex-wife needs to convey her interest to you by a quitclaim deed. You may need to buy her interest. That should have been addressed at the time of the divorce.
Wiki User
∙ 13y agoThe co-owner must convey her interest by signing a deed that transfers her interest to him. You will probably need to pay fair market value for her half interest.
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If you divorce your husband my name still on mortgage can I be liable for the foreclosure?
Yes. The best thing would be to either get the house in the divorce, or get everything, including the mortgage, signed over to your soon to be ex.
You live in RI your wife has been cheating on you since 2001 She bought this house presuming everything will be ok How do you divorce her and get the house or leave free from house mortgage?
The best you could do would be to try to require her to refinance the house as part of the divorce agreement. Then your name will not be on the mortgage. You will need to sign a quit claim as part of the process.
Can you refinance while mortgage in on the market?
No you cannot.! my experience was that we had to take the house off the market before we could get an appraisal and a new refinance of our mortgage. also just fyi one party cannot get a mortgage on a second property either at that time. such as during a divorce. not until refinance is complete. this was nebraska.
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.
If you file a lawsuit to quiet title to your ex-wife's house can a mortgage holder foreclose on the house and foreclose my interest?
This depends on who signed the mortgage document in question, and the date on which the document was signed. If you did not sign the mortgage, and the mortgage was filed after your divorce, you may have a claim to file a quiet title lawsuit (including a lis pendens). However, I'm not sure why title to the house was not decided during the divorce. Because this is a complicated matter, I suggest you consult an attorney (look in the phonebook for a lawyer who gives free consultations).
Who is responsible for a mortgage if the owner dies before its paid off and the house is left to her son in a will?
The mortgage should be paid by the remaining estate. If there is not enough cash left to pay off the mortgage, the house can be sold and the mortgage paid at closing, or if the mortgage is assumable, the son may take on the mortgage as his own debt and keep the house.
Do you have to add your spouse to mortgage for refinancing if the house was bought before the marriage?
No
You want to remove one person name from your house title?
If the house has a mortgage then you have to refinance. If the house is all paid off then you can go to a lawyer and have the name removed from the deed.
When divorcing how do you get your name off the house?
This matter should have been addressed in the divorce agreement. Generally, one spouse agrees to convey their interest in the property and the other agrees to refinance any outstanding mortgage debt in their own name. Once that agreement has been made it should be come part of the divorce decree.If there is a mortgage in your name then "getting your name off the house" will not get your name off the mortgage. You should contact the attorney who represented you in the divorce for advice on how to complete your severance from your former spouse. Signing a deed at this point will divest you of any interest you have in the real estate but you will still be responsible for paying the mortgage.
Ex-wife remarried and she and husband filed for chapter 7 and her name still on home you had?
If you still own the home, and the divorce decree says nothing about the mortgage or the ownership of the house, you are probably now the only person obligated to pay the mortgage. But then, you were probably the only one paying on it since the divorce.
If your name is on the deed but not the mortgage who is responsible for the mortgage when the house is sold?
The mortgage will be paid off from the proceeds of the sale. The buyer's attorney will make certain the mortgage is paid off before the buyer takes title.
Should you file bankruptcy when there is a foreclosure and pending divorce situation and you do not want to keep the house and can not repay any money still owed to the lender?
If the mortgage is in both names, or if there is significant joint debt, you are better off filing bankruptcy jointly before the divorce is final. If the mortgage company forgives the balance, it will count as income to you and you will have to pay taxes on it in the following year, unless you file bankruptcy. Or the mortgage company can sue on the deficiency and get a judgment good for 10 or 20 years. Unless you file bankruptcy.
