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

    Oct 13, 2010, 08:50 AM
    Signed over house to ex am I still entitled
    Divorced 7 years ago, signed over mortgage ( because I just wanted out as she had had affairs) am wondering am I entitled to part of house still as I paid deposit and contributed to mortgage.
    Just_Another_Lemming's Avatar
    Just_Another_Lemming Posts: 437, Reputation: 211
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    #2

    Oct 14, 2010, 06:03 AM

    Check the copy of the paperwork you signed at the time of your divorce. When you signed over the mortgage, did you also sign any paperwork on the house title? That is the deciding factor, not the mortgage. If you signed over the title of the house along with the mortgage, you aren't entitled to anything. If your name is still on the title, then yes, when the house is sold, legally you are entitled to half of whatever profit is made after the mortgage & closing costs are paid off. Conversely, if the mortgage is higher than the value of the house, you are liable for half the differential owed to the bank. So, I think it would be wise to check the paperwork pronto and see where you stand. If you don't have a copy of all the paperwork, ask the lawyer who handled your divorce.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Oct 14, 2010, 10:39 AM

    In my area you can't just "sign over" a mortgage. A new mortgage in one name must be obtained to replace the old mortgage in two names. The mortgage company reviews the application and determines if that one person is able to make the payments. If not, the mortgage stays in both names. The Court cannot order that a name be removed from a mortgage - the mortgage company prevails.

    I would take another look at what you signed. If the other person defaults I have a feeling you will still be liable.
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