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 laurateaches
Joined: 06 Nov 2009
Posts: 1
1.29 Dollars($)
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 Posted: Fri Nov 06, 2009 8:45 pm Post subject: Can I get a quit deed for the house my ex-husband is court o |
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| I am the co-owner. The house is in chapter 13. My ex-husband doesn't have a solid employment history and I do with the majority of the income. |
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jenkin7
Joined: 04 Jun 2007
Posts: 4303
Location: Hawaii
679.96 Dollars($)
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| Posted: Fri Nov 06, 2009 10:27 pm Post subject: |
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Hi laura,
| Quote: | | Can I get a quit deed for the house my ex-husband is court ordered to soley have when the house is in bankruptcy? |
If the court has ordered your ex-husband to keep the house solely in his name, you cannot force him to sign over the property to you. However, if he is willing to quitclaim the property to you, then I don't think there will be any problem for you. But has he included the house in bankruptcy? In that case, he will have to take permission from the bankruptcy court before transferring the property interest. |
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Laura Guy
Guest
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| Posted: Sun Nov 08, 2009 8:13 pm Post subject: Re: Quit Deed |
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| My ex-husband been give the house soley according the recent divorce documents. Will a quit deed get my name as the co-signer off the house? If not, how can I do that even though he isn't able to refinance? Can I have my name taken off the 2nd mortgage if not the house. |
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savior70
Joined: 25 Mar 2009
Posts: 1778
Location: Florida
238.16 Dollars($)
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| Posted: Mon Nov 09, 2009 4:13 am Post subject: |
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Hi,
A quitclaim deed will not take your name off the mortgage deed as a co-signer. It can remove your name from the property title, but it will still leave you with the liability of the mortgage debt. A refinance seems to be the only way for you to get rid of your liability. Does your divorce decree state that your ex needs to refinance within a certain time limit? In case it does, you can force him to refinance the loan in his name. But a quitclaim deed alone cannot take your name off the mortgage. |
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