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

I signed a [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url] 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's picture
Samantha | Joined: September 16, 2005 11:59 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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Caron's picture
Caron | Joined: July 19, 2005 08:37 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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eric1's picture
eric1 | Joined: January 4, 2009 03:52 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

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savior70's picture
savior70 | Joined: March 25, 2009 05:14 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

mY MOM PUT ME ON ALL OF HER BANK ACCOUNTS INCLUDING THE REVERSE MORTAGE ACCOUNT SHE HAS PASSED AWAY WHAT HAPPENS NOW

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riseabove's picture
riseabove | Joined: November 9, 2009 12:58 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

You need to immediately consult a probate lawyer. this should be your first action.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I am currently going through a divorce, my husband and I have a greed that he would keep the house and I would [url=http://www.mortgagefit.com/quitclaim-deed.html]quit deed[/url] it to him. But my question is that after this is done, can my name be taken off the loan and can I be able to purchase another home after the divorce in my name only without any problems?

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Adriana,

You can take your name off the loan only if your husband refinances the mortgage in his name. You can transfer the house to your husband through a quit claim deed, but this will not remove your name from the mortgage. You will remain responsible for the loan until your husband refinances it. Once your name is taken off the loan, you can purchase a new home in your name. Otherwise, you will remain liable for the existing mortgage and it could affect your debt to income ratio when you apply for a new loan.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My husband and I divorced 5 years ago. We had 2 homes when we divorced. He kept one and I kept the other one. Now we both have remarried. I want to put my home in my new husband and my name and take my ex husband's name off. I don't know if the bank will let us refinance. Do you think we will have to get a new loan? I am on disability, and am afraid that I won't be able to qualify for a new loan, although I have great credit and my husband has good credit. My name was never on the other home, as it was an inheritance, so no problem there. I have equity in my home, so will we be able to get some cash out to pay off some credit cards?

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

You can add your present husband's name to the property deed by signing a quit claim deed. You've mentioned that he has a good credit. Along with this good credit, if he has a stable income, he will be able to refinance the loan in his name. This will help you to get a cash out which you can use to pay off the credit card debts.

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rita2's picture
rita2 | Joined: April 23, 2010 10:34 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi,

If you want to remove your ex-husband's name from your home deed and add your new husband, you can make a quitclaim deed which will help you. You also asked about refinance loan which you can easily get. The main criteria to get a loan is a good credit score which you and your husband have and also a stable job. Search for a good lender and if you are ok with the terms and conditions of the lender you can opt for it.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Thanks for the quick replies!

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Everybody,
I currently own a house with my Ex Fiannce of 7 years, We never married and i have moved out of the house a month ago and am looking to purchase again, However i need to be removed from the House and Mortgage. I understand that to be removed on the title of the house i would do a quick claim deed and to be removed from the mortgage he would need to refiance the home loan in his name. Are these the only options i have and where do i go to do a quick claim deed? Thanks for the Help All!

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

If you want to remove your name from the property, then you'll have to sign a quitclaim deed and your ex needs to [url=http://www.mortgagefit.com/refinance.html]refinance[/url] the mortgage. You can contact an attorney and he will be able to draft the quitclaim deed for you.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My ex refuses to sign [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url] and i am trying to do a home loan modification. Lender wont proceed without quit claim deed. What can I do?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi kgregory,

You will have to somehow convince your ex to sign the quitclaim deed. You can offer a certain amount of money to you ex and buy him/her out. May be after getting the money, your ex agrees to transfer the property to you.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

'I had an adversarial divorce after a 23 month marriage. I had put him on the title when I refi''d a few months ago. I remained on the loan only because he had bad credit. I owned the house for years. During the divorce I was awarded the house after paying him half the equity that was accrued during the marriage. He will not sign the quitclaim as is stated in the divorce - the longer he waits for me to die, lose my job or become incapacitated the better it is for him. It cost me $37,5600 to cash him out with the divorce plus nearly $10K in attorney fees already What can I do without spending a ton m ore money?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Spedie,

If he is not following the court's order as stated in the divorce decree, then you can take legal actions against him. The court will force him to sign off the property to you.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I've been divorced about three years. As we were going through mediation, we agreed that I would keep the house and that we would refinance due to an interest only loan we had previously taken out. Both of our names are on the mortgage, but he signed a quit claim at the time. If I want to refinance now, to take advantage of lower rates, can I refinance without him or does he need to be a part of it? I solely have paid the mortgage since our divorce was final.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi TLC!

Welcome to forums!

If you meet all the required criteria of the lender, then you will be able to refinance the mortgage in your name solely.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi, I am getting married soon and my fiance has found out that his ex wife has never 're financed the mortgage and its been 4 years and also she is behind in the payments. She refuses to go get a job, so she can not qualify to [url=http://www.mortgagefit.com/refinance.html]refinance[/url] and she has got the loan modified twice. What can he do now?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome dawngalpal,

If his divorce decree states that the wife needs to refinance the mortgage, then the ex-wife can be held liable for the contempt of court. In such a situation, your fiance can take legal actions against her.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I am divorcing My husband will finish paying our home but I found out he took out a loan on our home he will sign a quit claim and says he will pay the other loan. How will this affect me getting the deed in my name of the house. will the bank hold it till the second loan is paid off

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi sondulzura!

Welcome to the forums!

Unless the second loan is paid off, the lien on the property will not be released. So, you won't get the property free and clear.

Feel free to ask if you've further queries.

Sussane

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