Removed from the deed


#1

Are there multiple options how I can get myself removed from the deed of our home if I sign a quit claim deed. I cant work anything out with my STBX so I haqe decided to walk away from our home and want to give it to him along with the debt. He will not help me and I cant afford it on my own til it sells. I have decided it is best to walk away with my kids and get an appt but I need to know I have no more fiscal ties to the home since I feel he will continue to not pay and could not care less who gets hurt or the credit rating that will follow you for the future. He has never had good credit and doesn’t care at all


#2

Signing the deed will give him the house, you will still be responsible for the mortgage until the house is sold or refinanced. Even if the separation agreement says he is responsible for all the payments, that agreement does not over ride your signature on the mortgage.

Do NOT sign over the deed til you talk to an attorney.


#3

You should not quitclaim your interest in the home to your spouse without the guarantee that he will refinance the loan into his sole name. This could leave you open to liability on a loan connected to a property in which you have no interest.


#4

Yes I meant to say what options do I have to remove myself from our mortgage loan so I can then remove myself from the entire obligation since I am currently unable to get my stbx to do anything since he feels he is in total control and does not feel we should be separated and getting divorced


#5

There is nothing you can do other than have him refinance into his name only.

Sounds like you’ll have to work through an attorney if he’s refusing to cooperate. However, until the house is refinanced or sold…you are tied to the mortgage payment. It sucks…I know. :frowning:


#6

You can file an action for Equitable Distribution and ask the court to order the refinance. You must file this action before a decree of divorce is issued or you will lose your rights to this type of action.