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    lostinOhio's Avatar
    lostinOhio Posts: 5, Reputation: 2
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    #1

    Sep 4, 2007, 11:41 AM
    Divorce w/Bankruptcy. Can I get her name off the house without refinancing?
    Ok my wife and I are currently filing chapter 7 bankruptcy, and planning a dissolution of the marriage. The house is in both of our names, is there any way to remove her name from the deed/mortgage (with her consent) without refinancing? If not, what are the odds of being able to get the refinancing after the bankruptcy? And would I be better off just putting the house into the bankruptcy instead? I would like to keep the house, and she's OK with that. But, understandably, she does not want her name on it any longer. It's a confusing situation, help!:confused:
    DianeV Sr Loan Officer's Avatar
    DianeV Sr Loan Officer Posts: 76, Reputation: 9
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    #2

    Sep 4, 2007, 09:59 PM
    The only way to remove her from the mortgage is to refinance. If you are currently behind on the mortgage you may have a problem doing that even at this stage. As for your other questions, you need to consult a bankruptcy attorney.
    lostinOhio's Avatar
    lostinOhio Posts: 5, Reputation: 2
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    #3

    Sep 5, 2007, 12:49 PM
    Quote Originally Posted by DianeV Sr Loan Officer
    The only way to remove her from the mortgage is to refinance. If you are currently behind on the mortgage you may have a problem doing that even at this stage.


    I'm not behind on the mortgage at all, it has been kept up through the financial mess. Never missed a payment and it is totally current. So how difficult is it for someone who just filed bankruptcy to get refinancing? Does this happen often? I'm just wondering because if I think I cannot get refinanced, we would rather just include the home in the bankruptcy to eliminate the last of the legal financial bonds we have together. Thanks for answering!!
    DianeV Sr Loan Officer's Avatar
    DianeV Sr Loan Officer Posts: 76, Reputation: 9
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    #4

    Sep 5, 2007, 08:12 PM
    I really don't know the answer to that question. Bankruptcy stays on your credit report for 10 years. You may want to call the bank directly and explain your situation. They may be able to accommodate you. I think you will need a real estate atty, she would have to quit claim to you. And the Bankruptcy atty will guide you through the rest of it.

    But, primarily talk to your lender before you actually go into court and see if they can help you. Good luck.
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