How do I get my name off the house deed besides having my ex do a refinancing of the house? We got divorced in 2008. My ex was a student and was unemployed. I had to sign papers with the mortgage company so that he can keep the house for my children to live it. My ex had since remarried and is currently leasing the house out; my children no longer live there and he purchased a condo. I gained custody of the children in July 2010. My older daughter just turned 18 and is living in the college dorm and my 16 year old son lives with me. I don't think my name should be on the deed since my children no longer live there nor are dependent on my ex.

These are TWO separate issues.

You don't EVER want to remove your name from a deed when your name is still on the mortgage.

You would still be legally obligated to the debt on a house you don't even partially own.

Do NOT consider anything that does not involve a refinance that takes your name off the note. As far as your credit history its still an obligation, legally its still an obligation, and if he fails to ever pay at some point... they are going to come after you, and would have every legal right to.

We are divorced and I do not wish to be responsible for the home loan we purchased prior to the divorce. He is a very difficult person and would never want to do anything to benefit me. I should not be responsible for the loan when there is no longer an interest for my children since they no longer live there.

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Originally Posted by tropickitten

We are divorced and I do not wish to be responsible for the home loan we purchased prior to the divorce. He is a very difficult person and would never want to do anything to benefit me. I should not be responsible for the loan when there is no longer an interest for my children since they no longer live there.

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Ask the court in which you were divorced to order that the home be sold on the basis of substantial change in circumstances (the children no longer live in it). Actually, this should have been a part of the original divorce decree. If he doesn't want it sold, he can obtain financing and buy it.

We were divorced 2008. My ex was a student and unemployed. I signed papers to keep the house for my children to live in and paid for child support (maximum). He has since remarried (2008!), became an attorney (2011), purchased a condo and is leasing the house (9/2011)... and is still paying just a mere $150/month for child support; pathetic! I'm taking him to court for standard child support which was agreed in mediation when I gained custody of the children July 2010 in the first place. The children no longer live there so I shouldn't be responsible for the loan and should have my name cleared, in case he goes into default and ruin my credit. What are my options? He is a very difficult person and would NEVER want to do anything to benefit me. Help!

Force a partition sale of the house if he doesn't.

As long as you are part owner, you have that right. And its leverage to get what you want, and maybe even stick it to him in the process. If there is any equity in it, it would be partially yours.

I bought a house with my cousin and I moved out of the house 4 years ago.I want to get my name off the house cause he keeps asking my documents to refinance or what ever... and my name being there means I'm accountable for the debt too?

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Originally Posted by birthday200

i bought a house with my cousin and i moved out of the house 4 years ago.I want to get my name off the house cause he keeps asking my documents to refinance or what ever ....and my name being there means im accountable for the debt too?

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Yep...