Posted on: 20th Aug, 2007 11:16 am
husband doesnot pay mortgage after being put on deed, now seperated would like for husbands name to be taken off of house deed. which he refuses to do.
Hi Boles,
As he is on the title you cannot remove his name on your own. You will need his signatures on the deed for transfer of ownership to you.
He being on the mortgage should be sharing the monthly payments along with you. If he is not doing so then you should remind him that you cannot afford the payments on your own and would also stop. This will in turn affect credit of both.
If he wants to save his credit from going down then he will listen to you and figure out a solution.
As he is on the title you cannot remove his name on your own. You will need his signatures on the deed for transfer of ownership to you.
He being on the mortgage should be sharing the monthly payments along with you. If he is not doing so then you should remind him that you cannot afford the payments on your own and would also stop. This will in turn affect credit of both.
If he wants to save his credit from going down then he will listen to you and figure out a solution.
If you are filing for divorce you can bring it up in court and if its proven that he makes no contributions to the home payments as per your agreement a judge can force him to give you the deed
In any other case you can only work out something with him since he is legally half owner of the home and if loan is not in his name he is not responcible so stopping payments on the home wont affect his credit at all.
Perhaps selling the house is an option or paying the husband off. If thats not the solution then your choice is to get a lawyer and to go to court.
In any other case you can only work out something with him since he is legally half owner of the home and if loan is not in his name he is not responcible so stopping payments on the home wont affect his credit at all.
Perhaps selling the house is an option or paying the husband off. If thats not the solution then your choice is to get a lawyer and to go to court.
"which he refuses to do."
Is he putting any conditions for transferring ownership to you? You should negotiate and if his demand is not too unrealistic then finalize the process for removing him from title.
Is he putting any conditions for transferring ownership to you? You should negotiate and if his demand is not too unrealistic then finalize the process for removing him from title.
Hi Boles,
Sorry, you cannot remove your husband from the title of the property deed without his consent. Being on the deed, he has full right to the property. You cannot forcefully make him sign the quitclaim deed as being the grantor, his signature is required at the time of filling out the deed.
But if he is named on the mortgage, he must equally make payments towards it along with you. In that case, I agree with Evolovik that you must bring the matter to the court.
Sorry, you cannot remove your husband from the title of the property deed without his consent. Being on the deed, he has full right to the property. You cannot forcefully make him sign the quitclaim deed as being the grantor, his signature is required at the time of filling out the deed.
But if he is named on the mortgage, he must equally make payments towards it along with you. In that case, I agree with Evolovik that you must bring the matter to the court.