QUESTION

My ex-husband and I have two properties, both under joint names. I live in my property `123 Sred Road¿ and he lives in his property `456 Cimber Road¿.

Asked on Aug 31st, 2011 on Divorce - New York
More details to this question:
The court consent order states the following:- 1. The Applicant husband shall by 10-Oct-2011 transfer to the Respondent wife all his legal estate and beneficial interest in the property situated at `123 Sred Road¿ (registered at the Land Registry under title number --------) subject to full title guarantee and subject to the mortgage in favour of Nationwide UK 2. The Respondent wife shall by 10-Oct-2011 transfer to the Applicant husband all her legal estate and beneficial interest in the property situated at `456 Cimber Road¿ (registered at the Land Registry under title number --------) subject to full title guarantee and subject to the mortgage in favour of Halifax UK. My questions: 1. What exactly do I need to do here? 2. Also, what if my lender does not remove his name from my property as my earning is too low. Therefore, what exactly do I need to do here? 3. I want to be able to make decision independently without his consent i.e. to be able to change the mortgage product or mortgage.
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2 ANSWERS

You will need to transfer the deed to him on the property in which he resides, and he will need to transfer the deed to you on your home property.  It sounds from your description that this is "subject to the mortgage" that means that the deed is transferred but you both remain on the mortgage.  This can be a difficult situation because, as you suggest, you may not be able to refinance to remove your spouse's name from the mortgage (or vice versa).  If your spouse defaults on the mortgage for "his" property, if your name remains on that mortgage, the bank will seek to include you in any action (foreclosure).  Your spouse remains on your mortgage and is subject to the same problem (if you default, he will likely be pursued for the money).  Once he is off the deed, you can look to refinance this on your own. Best Regards, Morghan Leia Richardson, Esq. Richardson Legal PLLC 31-08 Broadway, Suite 204 Astoria, New York 11106 www.MorghanRichardson.com Tel: 347-746-1675 Fax: 212-574-3337    
Answered on Sep 20th, 2011 at 2:51 PM

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Financial Planning Attorney serving Brooklyn, NY
3 Awards
You have stated that there is a consent order.  This would indicate a stipulation of settlement which the Court converted into an enforceable order by "So Ordering" your agreement.  This is now enforceable as any Court Order with mechanisms that could be as harsh as contempt of Court for failure to comply. The provisions you cite require a new deed to be executed for each property transferring you one property and you ex-husband the other property.  This deed and accompanying transfer documents required by both the State and local municipalities should be prepared by an attorney and you should provide that attorney with the relevant documents from your divorce. The consent order states that the transfers are to be subject to the outstanding mortgages and nothing you provide requires the properties to be refinanced or modified to remove anyone from the mortgage.  You will absolutely need his consent and signatures for any such transfers of property which would be the first step before refinancing the property.  Once the property is in your name, you could then refinance with any mortgage product you desired as long as the prior loan was paid off.
Answered on Sep 02nd, 2011 at 12:07 PM

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