Do I need an attorney?


#1

Husband and I have been separated since the beginning of the year, living in separate residences. We werent positive that divorce was the way we were going to go but have come to the conclusion that it is probably the answer. We have no debt to worry about and the only asset is the house, which he would like to keep and I would like him to be able to do so. How do I get my name removed from the mortgage? And as far as the actual divorce, if there is nothing contested is this process something we can do ourselves and avoid the attorneys/courts? Thanks so much for any and all advice!


#2

You will have to have your STBX refinance the house into his own name. Until that’s done—you’re tied to that mortgage financially and credit-wise. You’ll have to sign the deed over to him and he’ll have to refinance.

My advice…have THAT process in writing, signed and notorized. The last thing you want is to sign your rights to the house to him…then he not refinancing (for whatever reason).


#3

At minimum before you obtain a divorce, consult an attorney to make sure you have everything complete that you need to, because the divorce impacts certain rights.

Generally speaking, you can sign over a deed at the same time as he removes your name from the mortgage. The attorney doing the closing will typically draft the deed. Before doing this, I would consult an attorney as I stated above.