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Tiredat40 · Aug 11, 2009, 12:05 PM

Without anything in writing. Its he said she said What does the law say about name on deed of a home with the ex-wife , but not the mortgage

They Did divorce without lawyer Wife lives in house It was agreed that after mortgage factored in There was 130,000 in equity in the home 65,000 each. She want to buyout for30,000 to buy out so that she Can refinance for less. I say no What does the law say if My name is on the deed, but not on the mortgage IN CT

stevetcg · Aug 11, 2009, 12:10 PM

Name on deed and name on mortgage have nothing to do with each other.

How did she take your name off the mortgage? That's not something that just happens. It would have had to have been refinanced already and you would have had to have been party to that.

Tiredat40 · Aug 11, 2009, 12:22 PM

Well a pretty good dad is tops on my list , but what would you do if as a dad you could not put a roof over your kids head? I really did not expect to get any real answers on this but I am desperate for accurate real life answers. From someone who has gone thur this, and to answer your question, she took the name off, because it was "so I thought" resolved that after going over everything she received the better end of the deal, and as a good dad too, I did not want my kids to want for anything so I left, with a few "toys" and had to start over, but its bad out here. And I was counting on that money when she either remarried or the kids turn 18...

stevetcg · Aug 11, 2009, 12:34 PM

You didn't answer my question... how did she take your name off the mortgage? Did you agree to the refinancing? Since you had to sign your name to get on the mortgage, you have to sign it to get off the mortgage.

And again, the mortgage has nothing to do with the deed. Being on the deed makes you a part owner of the equity in the home. Assuming it is just the two of you, 50% owner. The mortgage holder is just the company that owns what is left. Your share of the equity remains, regardless of your status on the mortgage.

Did you agree to something without knowing what you agreed to? You are not painting a particularly accurate picture of what actually happened, so of course you are not going to get "real answers"

Tiredat40 · Aug 11, 2009, 12:49 PM

Well long story short, the equity was at 130,000 at the time, more now, but.. once it was agreed on the value of the house minus the mortgage, we went to bank and she signed me off the mortgage paid that one, and got one in her name only and said I owe you 65,000.00 and I will give you 2% interest on that. This was a few years ago... now she is going back on her word, and we are fighting it out now

stevetcg · Aug 11, 2009, 12:53 PM

Ok - that's different than what you originally posted.

Do you have the original agreement in writing?

stevetcg · Aug 11, 2009, 12:59 PM

I'll cut to the final page here... with your name on the deed, you still own 50% of the house. If you have not agreed, in writing, to her owing you 65k then you are not obligated to change what the buyout is currently offered.

If the house is worth more now, you are still 50% owner so can demand (or reject her offer) of whatever you want.

OR... the 65k is in writing and you are owed 65k.

Bottom line: you do not have to sell her your half the house if you don't want.

*(that real enough for you?)

ScottGem · Aug 11, 2009, 01:47 PM

I'm surprised the bank refinanced without you signing over your interest in the property. How do you know your name is still on the deed? Since you were unclear about the mortgage part, its very possible you signed the house over to her.

So you need documentation that she owes you the $65K and then you sue her for it.

Tiredat40 · Aug 11, 2009, 02:01 PM

That's where the problem is, its not in writing, but that's how we came to the agreement, and yea its "real enough" Thanks Steve

Tiredat40 · Aug 11, 2009, 02:02 PM

Yup its on the deed

Tiredat40 · Aug 11, 2009, 02:06 PM

Sue... more $$$$$$, barely floating now. But I guess I have no choice.

ScottGem · Aug 11, 2009, 03:07 PM

Originally Posted by Tiredat40

yup its on the deed

How do you know?

Tiredat40 · Aug 12, 2009, 07:02 AM

Have a copy

AK lawyer · Aug 12, 2009, 07:20 AM

Originally Posted by Tiredat40

have a copy

You have a copy of a deed, not necessarily the most recent one. To know your name is "on the deed", you would have to look at a current title report.

You need to consult an attorney on this one, so that the attorney will be able to look at all relevant documents. Without everything before us, we are shooting in the dark.

Tiredat40 · Aug 12, 2009, 07:41 AM

I know... but finding a good lawyer is not so easy. (no disrespect)

ScottGem · Aug 12, 2009, 12:26 PM

You keep dodging this issue. You say you have a copy of the deed. When did you obtain this copy and from where?

You have to understand that a mortgage lender generally wants to be assured they can recover what they lend. So if you remained on the title as half owner and they refinanced for more than half the value of the property, they are taking a big risk. That's why I find it hard to believe the lender would refinance with your still on the title. And why I have been pressing you to make sure you ARE still on the title.

Tiredat40 · Aug 13, 2009, 06:28 AM

What dodging?? Its on there! And when the refi took place it was less than 1/2 of value of home.

ScottGem · Aug 13, 2009, 06:41 AM

Originally Posted by Tiredat40

What dodging??? Its on there!! And when the refi took place it was less than 1/2 of value of home.

What dodging you ask? I ask you when did you get this copy and from where? Do you answer those questions? No, you just insist it's there. That's dodging!

The fact that the ref was for less than half the value does make it more plausible. But I still wonder why you won't answer some simple and specific questions to ensure that your name is still on the title.

Tiredat40 · Aug 13, 2009, 07:22 AM

This divorce was over 7 years ago. The paperwork.. deed, mortgage release, were obtained about 1 year ago, by the attorney, when all this started up. The agreement between us was when the kids turned 18, she wanted to move, she remarried etc.. she pay me what we agreed. I was and am still willing to wait, She simply wants to remove my name from the deed now, without the benefit of that payoff. At this point we are no longer on speaking terms. And I do not trust her.

AK lawyer · Aug 13, 2009, 09:12 AM

Originally Posted by Tiredat40

... She simply wants to remove my name from the deed now, without the benefit of that payoff. ...

I don't see any benefit to you or your kids to quitclaim it to her before it's paid off.

If she wants to sell or refinance, a deed from you would be appropriate to place in escrow, with the condition that it not be recorded until a release, of your obligation to the mortgagee, is also recorded.