how to get my name off the mortgage after signing quit claim

kimberlyscissum · Joined: 16 May 2006 Posts: 2 0.20 Dollars($)

I signed a quit claim deed after my divorce. My ex-husband will not remove my name off the mortgage. We both have remarried and I can't purchase a home because i am on the mortgage with him. How can i get my name off that mortgage to make another purchase with my current husband.

Samantha · Posted: Tue May 16, 2006 10:55 am Post subject:

Hi Kimberly,

Welcome to MortgageFit Forums.

You need to get the mortgage refinanced in your ex-husband's name to get your name removed from it.

Actually these things should have been taken care of at the time of divorce as the situations become more complicated after that with the passage of time.

I have seen couples in similar sort of situations and so can understand your problem. I shall advise you talk to your ex-husband and try to convince him somehow.

If things don't work out that way you may consult your divorce attorney or any other good attorney in your locality to suggest you a possible way out.

Normally the divisions of assets and the responsibilities for the debts are mentioned in the divorce papers. So, check the papers with your attorney and possibly you have to go back into court and address the issue with the judge.

Don't lose hope. Definitely a solution will come out to your problem.

Feel free to ask if you have further doubts.

God bless you.

For MortgageFit,
Samantha

Guest

Yeah that's a big problem if things are not sorted out at the time of divorce. Actually I went through this typical situation at the time of separation with my ex.

My attorney didn't take care to address that there was no clear mention about the division of the marital debts and only it included the division of the assets.

Later I found out the real problem when I found myself still obligated on the mortgage even though I quit claimed the house in my ex's name.

He was not willing to refinance the mortgage and I was in deep trouble failing to convince him. I consulted my friend who is also an attorney and had to take the issue to the court where things finally settled to my relief.

So, I shall advise you not to wait further and take the help of an attorney if it seems that mutual discussion is not going to bring out any result.

Best of Luck.

Guest

Can the grantor of a quit claim deed JTWROS that was notorized and recorded 10 years ago make the grantee sign a deed giving the grantor back thier intrest in the property. Grantor says they only intended that the property to go to the grantee upon death. What are the consequences if the grantee refuses to sign? This is in Missouri.
Thank You

Caron · Posted: Tue Nov 21, 2006 12:11 am Post subject: RE:

Hi Carla,

Welcome to MortgageFit Forums.

It is very difficult reverse quit claim deed unless the grantee agrees to quit claim deed the property back to you. But if the grantee refuses to sign a quit claim deed you will have to prove the transfer of the property is invalid. You can do so by proving that you signed the deed under external pressure or the grantee made you sign by telling lies.

It is advisable that you consult a lawyer.

Thanks,

Caron

Guest

10 years ago i got divorced and was told to sign a quit claim and if i didnt do it within 30 days one would be done. I moved out of state and didnt do the quit claim thinking it would be done for me. My ex husband was in a very bad car accident and with some checking i found the quit claim had not ever been done. He was in a coma and on life support. I then started checking and found he had never refinanced the home under his name only. He was remarried 5 years ago. They pulled life support and he passed. Now what do i do? Can i force his wife to refinance the house since he is no longer living and she is not on the home deed or the current morgage. I do not have a good relationship with the new wife to ask her anything. She is going to recieve his 401k and retirement can i force her to use that to pay the loan off. There was no will in this situation. Please help i dont know what to do.

eric1 · Posted: Fri May 01, 2009 4:18 pm Post subject:

It almost sounds like this home may be yours since you are on the deed and mortgage and she isn't. This may be a gift that has fallen into your lap. Contact an attorney and discuss the details. Let us know what happens.

savior70 · Posted: Wed May 06, 2009 5:06 am Post subject:

Hi

I agree with Eric. Since you did not sign the quitclaim deed you still hold an interest in the property. His new wife is neither on the deed nor on the mortgage and your ex-husband did not even leave a will stating his new wife will inherit his share of the property after his death. So, I think you can claim your interest in the property. Consult an attorney to explore what options you have in this situation.

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