My husband and I have divorced recently and the house is in both our names. I need to transfer it into his name ony. How do I go about this?

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Originally Posted by JoJo3210

My husband and I have divorced recently and the house is in both our names. I need to transfer it into his name ony. How do I go about this?

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First question, and this is important, is there a mortgage on it?

Yes, there is still a mortgage on it still.

It's complicated. If you had an attorney for the divorce, he or she should have explained to you that, even if title to the house is transferred to your ex husband, you will remain obligated under the mortgage note. If your ex husband defaults, you could remain liable for the deficiency.

I assume you were unrepresented by counsel in the divorce since, if you were, your lawyer should have handled this for you. Most mortgages have what is called a "due on sale" clause. What that means is that unless you get the bank's permission to transfer title to your ex husband, such a transfer might make you in default of the mortgage. So you should see about getting the bank's permission before you do anything else.

Thank you for your help