Quitclaim Deed

Coloradocappy · Joined: 02 Apr 2008 Posts: 1 1.43 Dollars($)

I'm working through the paperwork for my divorce with my husband. He's agreed to pretty much everything but the house we bought together three years ago. He's been out of it for two months and is refusing to pay the mortgage after May 1st. I don't have an attorney at this point as I was going to file on my own. We have no kids and not much debts or assets. Do I need to hire an attorney if the only thing my husband is trying to do is get his name removed from the mortgage and be free and clear of payment or collections (so he thinks)? He said he was doing a quitclaim deed. I looked that up and it doesn't seem that he'll be removed and that he'll still be financially responsible if I were not to pay it. Does that sound accurate?

Thanks for all your help.

Tonia
303-748-9187
"Coloradocappy@gmail.com"

[Email address deactivated as per forum rules. Thanks.]

larry · Joined: 27 Jun 2007 Posts: 3328 473.51 Dollars($)

Hi Tonia,

Welcome to the forum.

You have rightly understood that if you do not take the mortgage on you name only then even if your husband quitclaims, he will not be released from the mortgage obligation.

Do you want the home? If you want the home then it is all right. Other wise you can file a Partition Law suit. Then the property will be sold and the proceeds will be divided between you accordingly.

To know more about Partition Law suit, check out this community discussion at http://www.mortgagefit.com/know-how/removecoborrower.html#22313

Hope this helps.

Feel free to ask if you have any further questions.

Best of luck,
Larry

Niicss · Posted: Sat Apr 05, 2008 4:28 am Post subject:

Welcome Tonia,

If your husband quitclaims that will only transfer the property to you but will not transfer the mortgage. So do you want to take the mortgage on your name only?

All times are GMT - 7 Hours

Page 1 of 1