QUESTION

What can I do to get my name off our house?

Asked on Apr 23rd, 2014 on Divorce - Rhode Island
More details to this question:
When I got my divorce, I was told my ex had up to 3 years to get our house out of my name. It has only been 1 year and the house payment has been late about 10 times. Is there anything I can do?
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4 ANSWERS

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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You gave him 3 years. You can wait. You can buy him out.
Answered on Apr 25th, 2014 at 5:53 PM

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Divorce & Separation Attorney serving Jacksonville, NC
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First of all, you have your terminology backward. 'Getting your name off the house' usually refers to the deed. That's simple - you just sign over a quit claim deed or other general warranty type deed and - done - name off the house. You appear to be referring to removing your name from the mortgage or other type financial lien - not quite so easy. A lender / lien holder is most likely not going to let you off the hook financially unless some other person refinances or other wise pays off the current mortgage / indebtedness. Once that has been done - boom - your name is off the mortgage and you have no more financial responsibility for the house. Obviously, if you are on the deed and on the mortgage, you will want to wait until the refinancing or payment in full has been made BEFORE you sign over the deed or you are likely to find yourself in the position that many stupid people do of owing money on property that you no longer own or have even an ownership interest in.
Answered on Apr 25th, 2014 at 5:52 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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You may be able to force him out of the house by making a motion to the court on the basis of his late payments which impact your credit. However, this would only be true if you can afford to pay the mortgage on the house. You can ask the court to order him to set up an automatic payment so the payments are on time.
Answered on Apr 25th, 2014 at 5:52 PM

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Bruce Provda
Well to get yourself off the deed, you can sign a deed over to her. However, your concern seems to be more about the mortgage and it is a lot harder to get off the mortgage. Your ex would have to refinance the mortgage which they may not have the credit score to do.
Answered on Apr 25th, 2014 at 5:52 PM

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