After your wife was awarded the house you will have to make a deed to transfer the home's title in her, until that is done, you will remain on the title as owner of the house.
You should make a quit claim deed to give the home ownership to you ex. as it is necessary because of the court judgment, and also get the mortgage transferred in her name by way of refinance.
Otherwise you will remain liable for making the payments. Does divorce judgment require you to make the payments? or is supposed to continue the mortgage?
As far as the sale of the home, are my signatures required as part of the closing as well?
Geek,
As you did not make a quit claim deed to give the home to her, you are still named on property records as a owner with her. While she wants to sell the house your signatures will be required.
Posted: Sun Apr 15, 2007 10:23 pm Post subject: RE: ex-wife awarded home, is spouse's signature required?
Hi hegeek,
If you haven't signed other deed over to her, you should do it as early as possible in order to avoid any complications with the tile of ownership. After you have transferred the house over to your ex-wife, your signatures will not be required in the selling process.
Heh, well she declined to get my name removed from the mortgage (though she was pre-approved on the refinance) as well as doing anything previously to make things easier when the home was to be sold. Soooo, she's thinking she can do all these things without my signature on anything.
No certainly not. She cannot refinance without your signatures. Without asking you, how can she alone refinance the loan, I mean, either your name should be removed or if it is there on the loian, you need to sign on the new loan papers.
I already knew she cannot complete the sale of the home without my signature. The current issue stems from her listing the home with the realtor without my signatures because my name is still on the title. I'm thinking that my name is also required on signing any offers, etc on the house.
I've got a call into the realtor for advisement as well on this.
Just got off the phone with the listing agent. My signatures are not required for offers, etc as the decree does show the home awarded to my ex-wife. However, and obviously, my signatures will be required at closing for the quit claim and sale papers.
I'm thinking that my name is also required on signing any offers, etc on the house.
on offers your signature or any owner is not required but if a contract/agreement is to be made with any buyer then as seller your signatures will be necessary. Otherwise a contract cannot be made for sale of the home with such an agreement.
Yes Hegeek, when the home is sold your signatures will be necessary on the sale papers. But what about the mortgage? You will be paying off part of it? or she will?
But if you do a quit claim now then your signatures will not be required on the sale papers at that time.
hegeek
