Ownership of home question


#1

Filing uncontested divorce very soon, this wk or next. The house is in both our names, but in your last refinance to get a lower rate we put the loan with the bank in his name only. I am living in the home and will continue to live in the home with our daughter. Am I able to get the house put just in my name if the note is in his, will the bank allow that? If not, how does it work if I am getting my name changed back to my maiden name and currently on the title is is in my married name. I am thinking the bank will not allow the note to be in his name and the house in mine.

Searched online for answers but was not able to come up with an answer specific to my question.

Thank You!


#2

The bank cannot stop your spouse from deeding his interest in the property to you. The mortgage will still exist on the property, and if it is not paid, the bank could still foreclose on the property.