[afrech]

I am trying to file for divorce on my own without going through an attorney due to the cost. We were amicable until very recently. The only real property that we obtained while were together are our cars and home.

The cars should be simple, he will retain his vehicle and I will retain mine.

The house proves to a bit more complicated. When we bought the house 9 months ago I cashed out my 401(k)/IRA which was money I had before we were married to pay the down payment and closing costs. We lived in the house together for 1 month where he paid half the mortgage before I discovered that he was cheating on me and I kicked him out. He originally agreed to sign a quit claim only if I got his name off the mortgage and now he refuses to sign altogether.
We did an interest only loan due to his poor credit. I tried to explain to him that due to the nature of the loan there is zero equity so it would be in his best interest to sign over the deed (title) because of the market we may in fact have lost money on the house.

My question is: if I file for divorce and he doesn't contest it (which he most likely won't) and the house is awarded to me in the divorce what do I need to do to get his name off the deed (title). My parents have agreed to co-sign on a new mortgage but only if his name is not on the title.

Thank you in advance for any advice you can provide.

[Dr D]

If your petition is not contested, then the court will award the house and the mortgage on it to you. The court will order him to execute and deliver to you, a quit claim deed, signing any interest he may have in the property to you. If he refuses to do so he will be in contempt of court. This is just my layman's opinion. Perhaps Lisa B who is an attorney will see this post, and offer comment.