My husband got a divorce, but did not have a lawyer. She did. He signed the quit claim deed, however, he is still on the mortgage still, (7 years later). Is there anyway to have him removed off the mortgage? We were told she can refinance to try to get it in her name or she can leave it. She and her husband and children live in the home. Is there any out for my husband or is he still technically part owner?
If your husband signed a quitclaim deed and it was recorded, then he is no an owner of the property. If his name is still on the mortgage, then he is still financially responsible for it. It is correct that the only way to have him removed from the mortgage is for his ex-wife to refinance the mortgage. Your husband should read through his separation agreement or court order and see if there is any requirement that she refinance the mortgage. If so, it is possible that she could be in violation of the separation agreement or court order depending on the exact language.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
There is not anything that says she has to take him off.
Without any legal obligation (separation agreement or court order) for the ex-wife to remove your husband’s name from the mortgage, then the only way he can be removed is if she voluntarily refinances the mortgage.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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.
That is horrible and saddening. Thank you so much for your help.