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    karlyr5's Avatar
    karlyr5 Posts: 2, Reputation: 1
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    #1

    Aug 12, 2008, 04:43 PM
    Take a name off the deed
    When my ex and I divorced, I won the house but he had to carry the mortgage in his name for five years. I recently got a mortgage of my own and have to have his name taken off the deed, but I don't know where to start. Do I need a lawyer? Or is it just as simple as going to the county clerks office and filling something out?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Aug 12, 2008, 04:56 PM
    Did the court not have him sign a quitclaim deed over to you when you "won" the house.
    But you will need him to sign, or use the court order to force him to sign or have the judge order the new deed.
    karlyr5's Avatar
    karlyr5 Posts: 2, Reputation: 1
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    #3

    Aug 12, 2008, 06:00 PM
    Thanks for your response Fr_Chuck.

    Actually it was not done at that time. I am sure it was to protect the mortgage. I still had to make the payments on the house. The mortgage was held in his name because I was a stay at home mom (with five kids) and no credit of my own.

    I just recently got my own mortgage. Our broker made it sound like we just go to the County Clerks office to record the change in the deed, but when I did some investigating the County Clerks office made it clear they simply record changes, they don't "make" them.

    Looking on the internet I think the answer is a quit claim deed. Do I need a lawyer or is this something we can do ourselves in front of a notary?
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