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gjdaniels · Joined: 27 May 2008 Posts: 1 1.63 Dollars($)

Mortgage..Been divorce since 92, I was awarded the home for useage and we never had a community settlement. I've made all payments, taxes and repairs. Is there a way to get my Ex-wife off of the mortgage papers and not have to drag this out in court with Laywers. Also, she file bankrupic with her new husband and didn't list the house as asset. BTW I'm in the state of Louisiana.

smckaybiz · Posted: Tue May 27, 2008 5:32 pm Post subject:

I'm pretty sure the only way to do this without paying a Atty is to refinance the mortgage in only your name. If you are only borrowing the amount of money that you owe on your mortgage now than there would be no proceeds that you would have to share with your ex. The only problem with this option is that she will have to be willing to sign the closing docs so you'll have to make sure that this is alright with her.

I'm not sure exactly how it would work but you may just want to take out a Home Equity Installment Loan to pay off your first mortgage. The rates for those are very competative and most banks will offer you one with little to no closing costs which could save you a lot of money. The only problem with them is that you cannot have your escrow(taxes and insurance) included so you'll have to pay those seperately. I really think that might be your best option.

I hope this helps and best of luck.
Very Happy

Niicss · Posted: Wed May 28, 2008 4:40 am Post subject:

Welcome gjdaniels.

Scott has given you sound suggestion. You need to refinance the mortgage on your name only to remove your ex-wife from the mortgage. So talk to your lender and see if he can approve for refinance. The rates are down now. So you can get a better rate and term if you refinance. If your lender doesn’t approve you for refinancing then you can shop for other lenders too.

Let me know if you have any further questions.

jheard · Posted: Wed May 28, 2008 8:04 am Post subject:

As part of refinancing the mortgage, make sure she transfers her interest in the title to you via Quitclaim deed.

cliff3 · Posted: Thu May 29, 2008 3:33 pm Post subject:

Hi gjdaniels,

I just would like to reiterate what jheard said it “may” be possible to get her off the property via a quit claim deed. However, not likely! You where not awarded the property therefore this could be sticky. You can try a quit claim deed but, I would talk with an attorney because this is not a slam dunk!

This is not legal advice and I am not your lawyer. This information is provided for discussion purposes only in this forum. State and local laws may vary. Consult with a local attorney to see how your laws may apply to your specific situation.

Thanks for the disclaimer jheard.LOL Wink

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Will this work for me.. Some options?