Easy Seperation?


#1

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.

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Helena M. Nevicosi
Attorney with Rosen Law Firm

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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.


#2

My hubbie and I are on the cusp of seperating. EVERYTHING is in my name, however, I don’t want to live here and would be the one leaving. How hard is it to put the house in his name. He has said that he would like to have the house since I’m not interested. I’m not entirely sure that his name is on the deed, although he did sign something during closing. He has some credit issues and a lien so he didn’t want anything in his name. The car he drives is also in my name. I would want to transfer that to his name also. I don’t want any money for either. I just want him to take over the payments. I also only want what I came with and he is not vindictive to try to sabotage that. I want as easy a seperation as possible without my credit being ruined. I haven’t even brought up seperation yet, but I will after the holidays.
A friend of mine suggested that I start moving my belongings to a storage unit so that when I do move out I won’t have to keep coming back to the house to gather my belongings under his watchful eyes. I don’t want anything that came into my posession after the marriage. He can have it all, including the furniture. I just want out with as little fuss as possible. Any suggestions? If both parties are willing, can seperation be easy?