Can I remove myself from the deed without him?


#1

Background: My ex and I divorced 3 years ago. Our family home listed only his name on the mortgage but mine was included on the Deed. He stopped making payments on the house during our seperation stating he couldn’t afford to (he refused to work for the prior 5 years but had $10,000 in an account that was the result of a car accident I had been in and had blown thru in less than a month). The house has been in foreclosure since early 2010 (still not sure why it hasnt gone up for auction yet). We had started the process for ED and went to Mediation. He still had an attourney at that time, but I could no longer afford one. During the mediation, his attourney stated to the mediator that “She would take care of filing the necessary paperwork resulting from the session”. During the mediation for ED I refused to take any financial responsibility for the mortgage/foreclose and tax liabilities that might be assessed. He then refused to allow me to have my pre-marital property still in the house. The mediation ended with nothing resolved and two days later I received an e-mail from his attourney stating he was no longer representing my EX. I never received any response from his attourney on what to do to proceed with the ED and I no longer had any money to re-hire an attourney for myself. PRESENT DAY:I have received a notice of a lein and request of payment from the Home Owners Association for back unpaid dues & court costs for the home in which he still resides, with one of our minor children, I have the other two. He currently works a well paying job. No payment has yet to be made on the house (since 12/09), and I just received a notice from a Forclosure Attourney Group (via my son after a visitation) that the Forslosure Auction has been rescheduled in a few weeks. In all this my Ex-Inlaws has bought him a new home a year ago but he told me he isnt going to move in until “he has to” as a result of being kicked out from the Foreclosure. He will not sign anything willingly to allow me to do so. He has also been hinting that even if the house is actuioned, he will be back in it shortly afterwards. I do not want the house or anypart of it. In the mean time, I am on the verge of bankruptcy. Is there anyway that I can remove myself from the Deed without his signature or approval.


#2

Long story short, yes. You could execute a quitclaim deed, which would only require your signature. Your post has raised so many other issues though, that I’m not sure this would be the appropriate course of action or would be beneficial to you since the HOA has already put a lien on the property and foreclosure proceedings have begun.