Taking ex-husband off of deed of house and land.

s_mohesky · Joined: 09 Jan 2008 Posts: 1 1.44 Dollars($)

I have been divorced for 6 years and am about to pay off the loan on the house we had been living in. In the divorce, I was to live in the house with my daughter until she turned 18 and the house was sold. He was awarded 30,000 of the sale of the house, the rest was to go to me, since I had payed the largest of the mortgage. I know I should have gotten another loan in my own name, but it was so close in paying off, I didn't. My question is, is there a way to get his name off the deed to the house and land so he will not be able to take it in case something happens to me? The divorce papers says he is only to get 30,000 total and the house appraises at about 130,000. Legally I don't have to sell the house for another 2 1/2 years. Or stay in it and give him his 30,000 at that time.
Is there a way to get his name off the deed before then without paying him the 30,000 before the given date on the divorce decree?

larry · Joined: 27 Jun 2007 Posts: 3328 473.51 Dollars($)

Hi mohesky,

Welcome to the forum,

I think the only way to take your ex-husband's name from the deed is only if he quitclaims the property to you. So you have to negotiate with him for that. Talk to him and see if he agrees to quitclaim. But for that I think he will claim that $30,000 from you.

Best of luck,
Larry

gmakerley · Posted: Wed Jan 09, 2008 1:07 pm Post subject:

larry, i agree with you. you may not have many options, mohesky.

in any event, you ought to consult with your attorney to see what, if any, options you may have.

lisascherzer · Joined: 04 Jan 2008 Posts: 755 1.03 Dollars($)

He just needs to agree to quit claim to the property for 30,000. Use a title company to handle the transaction for you. They will record the new deed and handle transfer of funds from you to him. You may also want to draw up something that states that he no longer has a right to claim money from the sale of the property in the future.

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