My husband and I are separated and have been for almost a year. He has still not signed separation papers because of child visitation issues. The children and I have been living in the house and my husband has said that he wants us to always stay in the home. Currently he is unemployed and we may lose the house. I’m working with the mortgage company to get into the Making Homes Affordable program. If they remodify our loan to reduce the payments then I will not have to worry about foreclosure. Is there a special warranty deed or another legal document whereby my husband can keep his name on the loan, but relinquishes equity of the home. We did not want to tell the mortgage company we were separated because they may not offer the program to us. I know that most lawyers will tell us to sell the property (if we could) and split the proceeds. We have been in this home for over 20 years and we really do not want to lose it for the kids sake. Please advise me on what to do.
Yes. If your husband signs a Special Warranty Deed relinquishing his rights to the home the loan will not be affected.