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Taking ex-wife off loan?

Posted on: 15th Nov, 2006 08:17 am
What must be done to take ex-wife\'s name off title? Divorce decree states sale of home split 50/50. Husband wants to keep the home while wife is purchasing new home as no money down 80/20 mortgage. Wife wants nothing unless sale of home? Please advise
As per the divorce decree home will have to sold otherwise if both of you have agreed to mutually settle to an agreement that husband can keep the house after paying off wife's share then it would have be approved by the court. But as wife wants the sale to occur then husband will also have to agree to the sale of the home

Posted on: 15th Nov, 2006 09:39 am
"What must be done to take ex-wife's name off title?"
I would like to add that if wife agrees to take her share of the home value then the home need not be sold. In that case a quit claim deed[ can be used to transfer her ownership in the home in your name.

Posted on: 15th Nov, 2006 10:13 am
"Wife wants nothing unless sale of home? Please advise"
I would also say that if you are in a financial position where you can pay her the half share of the home which she would be getting if the home is sold then make her agree on it and in my opinion she should not be concerned whether she gets the money from the sale of the house or the same amount from you.

Charles de Lint
Posted on: 15th Nov, 2006 02:31 pm

If your can convince your ex-wife to get her share of the home from you and not insist on the sale then the divorce decree can be modified by the court as both of you will have consent to the modification in such case.

Also you can petition the court for a modification of your decree and mention the reason that you would like to keep the house by paying her the required amount.
Posted on: 15th Nov, 2006 02:50 pm
Hi Guest,

Generally, a person can take his ex-wife's name off take by asking her to sign over a quit claim deed and transfer the entire property in his name. But your situation is somewhat different. If you are not interested in the sale of the home, then you will have to get your divorce decree modified.

In order to change your divorce decree, you may have to consult with your ex-wife and request her to change her mind and co-operate with you. If at all, your wife agrees, then you can petition in the court to modify your divorce decree. But the court would like to see a "material change in circumstances" before changing the decree.

I think you should consult a lawyer who will be able to tell you whether the facts of your case fulfill certain criteria required for modification of divorce decree.


Posted on: 15th Nov, 2006 09:14 pm
my ex-wife did not want the home we owe on is so decreed in the divorce settlement, however both our names are on the mortage loan and she wants her name taken off the mortage loan..but she also took back her maiden name and whenever something comes from the lender, it's in her maiden name..can the lender do this and how can I have her name removed without refinancing?
Posted on: 27th Sep, 2010 07:20 pm
hi travis!

welcome to forums!

you will have to either refinance the mortgage or go for a novation in order to get the mortgage transferred in your name and remove your ex-wife from it. if your ex-wife's maiden name is mentioned on the mortgage docs, then the notices will come in her maiden name.

feel free to ask if you've further queries.

Posted on: 28th Sep, 2010 12:44 am
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