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| Originally Posted by tccain95 I am married getting divorced. My home loan financing is in my name but the title has both names. Is there any way to transfer the loan to my wife and her assume the loan with no obligation to the loan from me? I want to be free and clear of this and my credit got us a good interest rate so if we could do this then it would be great and if not we may have to sell the house. If this couldn't work do you have any suggestions on any other routes we can take. Thank you. |
Hello, tccain95. I've been a mortgage consultant in WI for 5 yrs. I'm nt sure of the terms of your loan, it's rate, or the laws of your state, but here's a general overview and possible course of action:
If the mortgage note (bill) does not allow the debt to be assumed by a person NOT on the loan, it must be refinanced to transfer the loan to your soon-2-b-x-spouse. Most lenders will not let this be done until the divorce is final - they do not want to be exposed to a potential divorce battle.
If your state is a community or marital property state, and this home is considered marital property, even if the mortgage did allow it to be assumed by your (wife), you would need to be "quit claimed" OFF the title policy to quit (cancel) any right and or claim to any interest in the property.
Depending on your (wife's) credit, she may be able to assume the loan @ the same terms you now have if allowed by the mortgagee (lender); if her credit is not comparable yours when you obtained the loan, she'll get what she QUALIFIES for.
Question: is equity in the home being divided? If not, the equity position MAY help her get a decent/comparable loan even if her credit isn't as good as yours.
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