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Home > Law > Real Estate Law   »   Quit Claim Deed

 
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Old Apr 9, 2008, 07:02 PM
MaryKHawk
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Quit Claim Deed

I am separated from my husband and do not plan to live in the house we own together again and will be getting a divorce...I want my name off the mortgage...can his be done?

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Old Apr 10, 2008, 04:39 AM   #2  
excon
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Hello Mary:

The only way it can be done is if the two of you sell the house to him.

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Old Apr 10, 2008, 04:42 AM   #3  
Fr_Chuck
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If he will go get a new mortage ( re-finance) the home, you can be taken off of the mortage. A quitclaim deed merely takes your name off of the deed, not the mortage.

Also you will find, even if the divorce court orders him to pay for the house, if he does not, the lender ( mortage company) can still come after you, and your only recourse would be to then sue him back in divorce court for the money you have to pay on the house if they sue you.

Often it may be better to just sell the house ( if both agree or court orders it) and be done with the mortage.
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