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Signing over a deed through a divorce

My ex wants me to sign over the deed to our house. Will I still be financially responsible for the payments being on time etc?

Thanks!

miller_st's picture
miller_st | Joined: January 17, 2007 04:47 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Renee, which payments are you talking about? You mean the property taxes & other maintenance expenses or mortgage payments?

If it is property taxes and other expenses for maintaining the house, then after you quit claim the house it will not be your responsibility. But if you have a mortgage then even after quit claiming the house you will remain on the mortgage and would have to continue the payments.

Miller

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

You answered my question...thanks alot!

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

OK MY HUSBAND WANTS TO SIGN OVER DEED TO ME, WILL THE BANK ALOW IT, I MEAN WILL I KEEP THE MORTGAGE IN MINE NAME ALONE?

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

Hi AMA,

Signing over the deed to you will only transfer the property in your name. If both of you have jointly taken a mortgage on the property, then you will have to [url=http://www.mortgagefit.com/refinance.html]refinance[/url] the property in your name. If the mortgage is only in your name, then you do not have to refinance.

Thanks

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

OK IM GETTING DIVORCED, IM GETTING THE HOUSE, HOW DOES THE DEED GET SIGNED , DOES MY HUSBAND JUST SIGN IT AND I TAKE IT TO MY LAWYER, WHAT ARE THE STEPS?

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

Hi ELIZABETH,

Signing a quitclaim deed to transfer the property is a very good option. You can visit the following page to get some valuable information on what steps are to be followed to validate a quitclaim deed:
http://www.mortgagefit.com/quitclaim-deed.html#make-deed

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

her lawer says he can have papers drawed up so the bank can not come after me if she dose note pay the debt

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

Hi joe,

I guess you have your divorce lawyer. You should have a word with him and check out what steps you can take in this regard.

Thanks

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

Husband and i are separating.He refuse to sell the home. i'am not the borrower he is but my name is on the deed.if he do not pay the mortage, am i responsible as well?

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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 glynnda!

Welcome to forums!

As your name is not on the mortgage, you would be not be held responsible for the mortgage payments. You can remove your name from the property deed by signing a quit claim deed in your husband's name.

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($)

If I deeded our home to my spouse and he agreed to take over the payment. Can I potentially buy another home on my own? What if the original loan is in both our names. Will it show that I don't have the income to afford two homes even though I am giving it over?

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

If the original loan is in both the names, then your spouse will have to refinance the loan. This will remove your name from the mortgage. Then you will be able to get a mortgage on your own to buy a new property.

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

The judge told my husband to pay house note until we get divorce,mom has the 6 kids married for 19yrs. to a fireman,he will not pay house note until wife leave becuase she get child support,he haven't paid the in 3months now house is in forclosure,and my name is on the deed his name on mortgage and deed wife and kids have to move but no equity in home can husband buy me out.

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

Hi Guest,

As your name is mentioned only on the property deed, you can ask your husband to buy you out. If he agrees to it, then you can sign the property deed in lieu of money.

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

My finance got the house in the divorce. She and her ex husband are on the loan of the house. He wants to get his name off so he can purchase a house on his own. Can he quitcliam is portion of the house to me and then purchase a home? Will he still be financially responsible for the property and the mortgage after signing over his portion to me?

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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 PaulC!

Welcome to forums!

Your fiancée's ex-husband can sign a quit claim deed and transfer the property to you. This will make you the owner of the property. However, unless you and your fiancée refinance the mortgage, he will remain liable for the mortgage payments.

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($)

I have been divorced for 3 years. Just recently found out my name is still on the property deed. My ex refianced the house in order to give me my portion. I assumed I was off of the deed. What does this mean...what am I responsible for.

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

Hi Dee,

If your name is not mentioned on the mortgage docs, then you're not responsible for the loan payments. However, as your name is on the property deed, you are one of the owners of the property. If you don't want property ownership, then you should sign a quitclaim deed and transfer the property to your ex.

Thanks

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

I am getting a divorce anfd the Mort is in both our names, Husband will sign deed to me but how do I get mort in my own name/ Currently in both names, what if I am not eligilbe on my own?

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

Hi pattyh,

You will have to [url=http://www.mortgagefit.com/refinance.html]refinance[/url] the mortgage in order to get it transferred solely in your name. If you're not eligible on your own, you will have to look out for a co-signer.

Thanks

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