Signed Quitclaim, but Separation Agreement Require Refinance

North Carolina Divorce Law Divorce and Separation Answers
1

Hi,

I have recently divorced and have a court signed separation agreement. I have signed a quit claim deed on our house and am still on the mortgage. The SA requires that if my ex cannot make the mortgage payments that my he either refinance to remove my name from the mortgage or sell the home (it is time specified). I recently received a notice from the mortgage company that he is 2 months behind on payment. I am going to the clerk of courts tomorrow to find out how to file him in contempt. I want to know how my signing that quit claim will effect my ability to force him to sell the home. Also, is there anything I can do to repair my credit now that he is defaulting?

2

The court order will be enforced, despite your already signing the quitclaim deed. You may attempt to contact your creditors and explain the situation, but since your name is still legally on the note, they are not required to remove negative remarks from your credit.