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I signed a [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url] after my divorce. My ex-husband will not remove my name off the mortgage. We both have remarried and I can't purchase a home because i am on the mortgage with him. How can i get my name off that mortgage to make another purchase with my current husband.

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

I've been divorced about three years. As we were going through mediation, we agreed that I would keep the house and that we would refinance due to an interest only loan we had previously taken out. Both of our names are on the mortgage, but he signed a quit claim at the time. If I want to refinance now, to take advantage of lower rates, can I refinance without him or does he need to be a part of it? I solely have paid the mortgage since our divorce was final.

Like | Dislike | Share | Posted: Thu, 11/15/2012 - 19:33 | Post subject:

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi TLC!

Welcome to forums!

If you meet all the required criteria of the lender, then you will be able to refinance the mortgage in your name solely.

Feel free to ask if you've further queries.

Sussane

Like | Dislike | Share | Posted: Sun, 11/18/2012 - 23:57 | Post subject:

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

'I had an adversarial divorce after a 23 month marriage. I had put him on the title when I refi''d a few months ago. I remained on the loan only because he had bad credit. I owned the house for years. During the divorce I was awarded the house after paying him half the equity that was accrued during the marriage. He will not sign the quitclaim as is stated in the divorce - the longer he waits for me to die, lose my job or become incapacitated the better it is for him. It cost me $37,5600 to cash him out with the divorce plus nearly $10K in attorney fees already What can I do without spending a ton m ore money?

Like | Dislike | Share | Posted: Thu, 06/14/2012 - 13:03 | Post subject:

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

Hi Spedie,

If he is not following the court's order as stated in the divorce decree, then you can take legal actions against him. The court will force him to sign off the property to you.

Thanks

Like | Dislike | Share | Posted: Fri, 06/15/2012 - 00:03 | Post subject:

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

Can the grantor of a quit claim deed JTWROS that was notorized and recorded 10 years ago make the grantee sign a deed giving the grantor back thier intrest in the property. Grantor says they only intended that the property to go to the grantee upon death. What are the consequences if the grantee refuses to sign? This is in Missouri.
Thank You

Like | Dislike | Share | Posted: Mon, 11/20/2006 - 19:15 | Post subject:

Caron's picture
Caron | Joined: July 19, 2005 08:37 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Carla,

Welcome to MortgageFit Forums.

It is very difficult reverse quit claim deed unless the grantee agrees to quit claim deed the property back to you. But if the grantee refuses to sign a quit claim deed you will have to prove the transfer of the property is invalid. You can do so by proving that you signed the deed under external pressure or the grantee made you sign by telling lies.

It is advisable that you consult a lawyer.

Thanks,

Caron

Like | Dislike | Share | Posted: Mon, 11/20/2006 - 23:11 | Post subject:

eric1's picture
eric1 | Joined: January 4, 2009 03:52 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

It almost sounds like this home may be yours since you are on the deed and mortgage and she isn't. This may be a gift that has fallen into your lap. Contact an attorney and discuss the details. Let us know what happens.

Like | Dislike | Share | Posted: Fri, 05/01/2009 - 16:18 | Post subject:

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

10 years ago i got divorced and was told to sign a quit claim and if i didnt do it within 30 days one would be done. I moved out of state and didnt do the quit claim thinking it would be done for me. My ex husband was in a very bad car accident and with some checking i found the quit claim had not ever been done. He was in a coma and on life support. I then started checking and found he had never refinanced the home under his name only. He was remarried 5 years ago. They pulled life support and he passed. Now what do i do? Can i force his wife to refinance the house since he is no longer living and she is not on the home deed or the current morgage. I do not have a good relationship with the new wife to ask her anything. She is going to recieve his 401k and retirement can i force her to use that to pay the loan off. There was no will in this situation. Please help i dont know what to do.

Like | Dislike | Share | Posted: Fri, 05/01/2009 - 16:12 | Post subject:

savior70's picture
savior70 | Joined: March 25, 2009 05:14 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi

I agree with Eric. Since you did not sign the quitclaim deed you still hold an interest in the property. His new wife is neither on the deed nor on the mortgage and your ex-husband did not even leave a will stating his new wife will inherit his share of the property after his death. So, I think you can claim your interest in the property. Consult an attorney to explore what options you have in this situation.

Like | Dislike | Share | Posted: Wed, 05/06/2009 - 05:06 | Post subject:

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