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I am confused by 2 different explanations of what will happen in my situation. I have read some similar posts but none that really address my specific question.
I have filed for divorce but it is not final yet.
In the meantime my husband who is keep the house is refinancing it and it will close before the divorce is final.
We are being told by his mortgage professional that I have to be on the mortgage but not the note, and that once the divorce is final, we just file a quick claim deed to remove my name.

I am buying a new home and it will close before the divorce is final. My mortgage professional is telling me I will have to have my husband on the mortgage not the note. But she is telling us that because he will be on the mortgage, not the note and not the title, that a quick claim deed will not remove him after the divorce is final.

Who is correct?

smithsussane · Posted: Thu Jul 23, 2009 8:52 pm Post subject:

Hi jsneff!

Welcome to forums!

A quitclaim deed will not be able to remove your husband from the mortgage doc. A quitclaim deed is a legal document transferring any real estate property from one person to another. In order to remove your husband's name from the mortgage, you'll have to refinance the property in your name.

Feel free to ask if you've further queries.

Sussane

Guest

Our home was refinance 2 years ago, my husband's credit was not pulled because his stopped paying his bills. Only my credit was used. I plan to divorce him but he does not want to move out. He feels it is his house because his name is on deed. Would I need to refinance again to get him out. He also does not give any money toward household bills. What can I do?

raymond · Posted: Sun Nov 08, 2009 11:36 am Post subject:

He's entitled to some of the proceeds from the sale if hes been helping you pay the mortgage.

How'd his name get on the Deed if his credit wasn't pulled? He can't be on the Note unless his credit was pulled. Did you Quit Claim him back on Title after the mortgage funded?

riseabove · Joined: 09 Nov 2009 Posts: 277 11.01 Dollars($)

deloris, if he's been paying the loan up until the refinance then yes he should be entitled to some of the procedds to the house sale. If you divorce, then you'll have to deal with this issue as part of the divorce proceedings and it can be decided then, but I dont think you can just expunge all his previous contributions just because you recently refinanced into your name only.

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Mortgage note vs mortgage vs title and a divorce