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    sweetladie's Avatar
    sweetladie Posts: 1, Reputation: 1
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    #1

    Aug 11, 2010, 11:15 AM
    How do you get your name off house title after a divorce?
    If the ex-spouse was awarded the house in the divorce and three years later still hasn't removed the name of the other person, how do you go about getting your name removed when they very behind on the mortgage?
    RayDiant's Avatar
    RayDiant Posts: 23, Reputation: 3
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    #2

    Aug 11, 2010, 01:10 PM

    Is your name on the mortgage loan? If it is, and you remove your name from the Deed, that doesn't remove you from the loan. I am going through this now with my ex-husband. I agreed to give him the house since it is upside down. I had an attorney write up a Quit Claim Deed for me which will remove my name from the Deed; My ex is in the process of filling out paperwork for Assumption of Loan, which will remove my name from the house entirely. This is in California so I am not sure where you live or how it may work for you.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Aug 11, 2010, 01:18 PM

    He needs to refinance the loan. The lender is unlikely to allow you off the loan (especially if its delinquent). The lender has no obligation honor the court decree.

    As for changing the title, that may cause other problems since it may accelerate the bank foreclosing. By triggering a due on sale clause. But you need to execute a quit claim deed and he has to sign it as well.
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