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one name on morg but 2 names on deed

Posted on: 24th Jul, 2009 08:39 pm
my name on morg and but my and spouse name on deed. i put the money down and I am the one that got approved for the loan. We are fighting so now he is not helping with the payments so now I am one month behind. The property is going up for sale. I will pay in as much as I can to morg co but in the end, I am putting out money while at settlment he will be putting his hand out and be expecting half of profits. Is there a way around this? Is there a way to make him responsible for morg payments to? At settlement will there be one check or two issued? Is there a way I can have his name removed from deed since his name is not on morg payment note?

Help.
Thanks in advance.
Hi jwood,

Your spouse can be responsible for the payments only if his name is mentioned in the mortgage docs. As your spouse's name does not appear on the mortgage docs, he/she will never have the liability to pay the dues. If you want to remove his/her name from the property deed, then you'll have to ask your spouse to sign a quitclaim deed in your favor. If he/she doesn't do so, you will have to give him/her a share of the sale proceeds.

Thanks
Posted on: 25th Jul, 2009 12:10 am
jwood

welcome to mortgagefit.

If you are trying for divorce then surely court will ask to share the property then in that case court's decision will be binding on both of you.

then you need to prove to the court theat your spouse does not hold any equity in the house and thus it is you who have paid all the installments

I know it will be little bit difficult but again if you stick to your point and fight, surely you will be virtous.

keep in touch......
:arrow: :arrow: :arrow:
Posted on: 25th Jul, 2009 12:32 am
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