0
In a divorce can one spouse quit claim the house to the other if both names are on the current mortgage?
Wiki User
∙ 12y ago
NO. Simply transferring your interest to the other party will leave you still responsible for paying the mortgage. As part of the transaction you must require that the other owner refinance the property in their own name and pay off the existing mortgage.
Your attorney should be able to explain this process to you and take care of the necessary paperwork. It should be made part of the divorce agreement.
Wiki User
∙ 12y ago
Add your answer:
Earn +20 pts
What are the current rates offered by abbey mortgage?
Abbey Mortgage rates are between 5 and 6 percent for the current year, 2011. They claim to have reduced rates, however, may naysayers are stating their rates have actually increased.
Who benefits from a mortgage insurance claim?
The real beneficiary from a mortgage insurance claim is ultimately the insurance company that provided you with the mortgage insurance in the first place.
One spouse is on the mortgage and wants to claim bankruptcy. The other spouse's name is on the deed. What happens when the first files for bankruptcy?
It sounds like your name was on the deed, you mortgaged the property then you conveyed it to your spouse thinking to effect a change in ownership free of the mortgage. You can't do that.A conveyance to defraud your creditor will be "undone" by the court. Also, if you did transfer ownership subsequent to granting a mortgage the transfer is subject to that mortgage. Your bankruptcy won't simply wipe out your mortgage and make the property free and clear since you transferred it to your spouse. In addition, the bank can demand payment in full under the "due on transfer" clause in the mortgage. You have a tangled web and you should consult with an attorney who specializes in bankruptcy.It sounds like your name was on the deed, you mortgaged the property then you conveyed it to your spouse thinking to effect a change in ownership free of the mortgage. You can't do that.A conveyance to defraud your creditor will be "undone" by the court. Also, if you did transfer ownership subsequent to granting a mortgage the transfer is subject to that mortgage. Your bankruptcy won't simply wipe out your mortgage and make the property free and clear since you transferred it to your spouse. In addition, the bank can demand payment in full under the "due on transfer" clause in the mortgage. You have a tangled web and you should consult with an attorney who specializes in bankruptcy.It sounds like your name was on the deed, you mortgaged the property then you conveyed it to your spouse thinking to effect a change in ownership free of the mortgage. You can't do that.A conveyance to defraud your creditor will be "undone" by the court. Also, if you did transfer ownership subsequent to granting a mortgage the transfer is subject to that mortgage. Your bankruptcy won't simply wipe out your mortgage and make the property free and clear since you transferred it to your spouse. In addition, the bank can demand payment in full under the "due on transfer" clause in the mortgage. You have a tangled web and you should consult with an attorney who specializes in bankruptcy.It sounds like your name was on the deed, you mortgaged the property then you conveyed it to your spouse thinking to effect a change in ownership free of the mortgage. You can't do that.A conveyance to defraud your creditor will be "undone" by the court. Also, if you did transfer ownership subsequent to granting a mortgage the transfer is subject to that mortgage. Your bankruptcy won't simply wipe out your mortgage and make the property free and clear since you transferred it to your spouse. In addition, the bank can demand payment in full under the "due on transfer" clause in the mortgage. You have a tangled web and you should consult with an attorney who specializes in bankruptcy.
Can one person claim head of household and the other claim mortgage interest?
yes
Are there state restrictions regarding talking to a spouse when a debt is concerned?
Yes. Minnesota, Iowa, and New Hampshire are spousal restriction states. A debt collector calls your house, and your spouse answers, they cannot discuss the account with your spouse, even if they claim they are your spouse. The reason is because anyone can claim to be your spouse.
Can a spouse get a summary judgment when only the other spouse answered the claim?
Summary judgment is not generally permitted in divorce.
What happen if you are aware that your spouse has remarried but didn't get a divorce?
You could file a case of bigamy claim, and follow ut with a divorce.
How much will it cost you to remove spouse from mortgage?
A quit claim deed will be rather inexpensive. However, the spouse can require payment to sign the agreement. You cannot remove them without their agreement and consent.Another PerspectiveA quitclaim deed will transfer the interest of the spouse in the property but will have no effect on the grantor's responsibility to the lender or the mortgage. Generally, the mortgage must be paid and refinanced in order to remove a spouse from any responsibility for paying the mortgage.
Can a spouse that is divorced claim any of the ex spouse's asset after their death if neither never married again?
No. Your divorce severed any legal relationship between you and your ex-spouse forever. You have no legal standing to "claim" any interest in their estate unless you were specifically mentioned in the will with the gift to be given in spite of the divorce.No. Your divorce severed any legal relationship between you and your ex-spouse forever. You have no legal standing to "claim" any interest in their estate unless you were specifically mentioned in the will with the gift to be given in spite of the divorce.No. Your divorce severed any legal relationship between you and your ex-spouse forever. You have no legal standing to "claim" any interest in their estate unless you were specifically mentioned in the will with the gift to be given in spite of the divorce.No. Your divorce severed any legal relationship between you and your ex-spouse forever. You have no legal standing to "claim" any interest in their estate unless you were specifically mentioned in the will with the gift to be given in spite of the divorce.
Can a spouse be added to a house deed when mortgage is in both names?
It depends on the laws of the the jurisdiction. In many cases the bank would have required this to get the mortgage. There may have been a quit claim deed filed with the mortgage.
When can you leave the home without your spouse claiming desertion while you're getting a divorce?
You can Leave your spouse with out him being able to claim you deserted him if your spouse beat you or was unfaithful but you also have to be able to prove it.
in Arkansas If you own a house and then marry would your spouse have any claim to the home?
In a divorce, it could happen. Have her sign a prenup.
Can a divorced spouse claim ex-husband's property after his death if there was a property settlement during the divorce?
It depends on the specific terms of the property settlement and any subsequent agreements or court orders. Generally, if the settlement specified that the divorced spouse relinquishes any claim to the ex-husband's property after his death, they would not be able to claim it. However, if the settlement did not address this issue or if there were changes made to the agreement afterwards, it is possible that the divorced spouse could still claim the property.
In Texas can a spouse whose name is on the deed and mortgage sell their house without the other spouse consent?
If both names are on the deed, then both signatures are required. If the spouse has signed a quit claim deed to the home, then the other does not need consent.
Do you need to refinance your house if your ex husband signed a quit claim deed as part of a divorce agreement?
AnswerYou 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.
Can you claim mortgage interest with quit claim deed if you are not on the mortgage?
You must be making the payments to claim the interest. However, if you are not on the mortgage there could be an issue.
Are the adult children from the first marriage entitled to a man's askes after he dies?
A current spouse would have first claim.
