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

    Apr 9, 2008, 08:02 PM
    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?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Apr 10, 2008, 05:39 AM
    Hello Mary:

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

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Apr 10, 2008, 05:42 AM
    If he will go get a new mortgage ( re-finance) the home, you can be taken off the mortgage. A quitclaim deed merely takes your name off the deed, not the mortgage.

    Also you will find, even if the divorce court orders him to pay for the house, if he does not, the lender ( mortgage 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 mortgage.
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