In order to transfer the house into his name you would need to execute a deed transferring all of your interest in the home to him. However, in order to remove yourself from any financial liability related to the home you would need an agreement requiring him to pay the mortgage. You should be aware that unless he refinances the mortgage out of your name the mortgage company will still pursue you for late payments, even if you have a contract that states he is responsible. If you transfer the deed without requiring him to refinance it may be a violation of your contract with the mortgage company and may lead the mortgage company to foreclose on the property.
If the car does not have a lien on it then you can simply sign over the title. If it does have a lien the same refinance issues apply.
If both parties are willing a separation can be easy, but you should consult with an attorney to review all your options before making any final decisions.
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
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780
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