- Yes. As long as her name is on the mortgage loan. That history will always be on her credit report. Just because you got her name taken off the credit cards, doesn’t mean that past history won’t be on her report.
- NO. If she signed the deed over to you and the house is given up during ED, then she can’t kick you out of the house. Once she LEAVES the house, she can’t come back and kick you out.
- You may be able to write a letter stating that your wife is no longer liable for the payments on the house. But until you refinance, she is seen as joint owner of the LOAN (ie: if you don’t pay, they can come after her for payments)
The mortgage will remain on her credit report as long as she is a co-signer on the mortgage. The only way to remove the loan from her name and her credit report is to refinance or assume the mortgage.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
301 McCullough Drive
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
My wife wants to leave me the house. She does not want any of our credit cards to still be on her credit report. Those were easy to get her taken off of, but I have not been able to find any information about if the house will still show up on her credit report after we get divorced. I refinanced a 20 percent loan in just my name, but I am not sure if I can afford to refinance the 80% loan in a way that I could afford. So, three questions. After the divorce, will our house that she signs over to me still be on her credit report? If I am unable to get the house off her credit report, can she change her mind and kick me out of the house in any way? Number three, if I cannot get the house off her credit report, can I at least say that it will not hurt her credit if she decides to buy another house down the road?