Property


#1

If my soon to be ex has agreed to let me keep our house, how do I get his name off the deed? Do I do that at the time of divorce? Can I still file the do it yourself divorce and get the house in my name only?


#2

You should make sure the issue of the house is settled prior to the divorce being granted. If not, then you have lost your right to file an equitable distribution claim, which means that the property will be held as titled. If you are in agreement, you can memorialize that agreement in a separation agreement or a consent order. You can also then have him quitclaim the property to you.


#3

If I do the online program that you offer, will I be able to get the property handled through that? I want to get the divorce finalized and done right but will the $199 a month option handle everything?


#4

Yes, Rosen Online will provide you with answers to your questions on how to proceed through the steps and it will provide you with sample documents and other tools to help you complete the process.


#5

not a lawyer

Something else to keep in mind is the mortgage, if you have one. The mortgage holder isn’t bound to the terms of any agreement you might make (or any court order you might get, for that matter), and a quitclaim doesn’t remove responsibility for the mortgage either, so you and your soon-to-be ex would have to negotiate with the mortgage holder directly if changes are necessary. If nothing else, a refinance might be necessary to get the other’s name off the mortgage.