Q: I am in the middle of a nasty divorce. I moved out of the house 3 years ago. He can have the house.
They will not give me a divorce until equitable distribution which my husband will not agree to anything. This has been going on for more than 3 years. I am on the mortgage but he can have the house. I just want my name off of it. I was a stay at home mom since we bought the house so he made all payments. Can I just get my name of of the mortgage and give him the house?
A: If the mortgage lender and your husband agree, you can transfer the house to your husband and be released from the mortgage. If either one does not agree, you cannot be released/removed from the mortgage. However, this could seriously affect your equitable distribution claims in the divorce matter. This needs to be carefully reviewed with a domestic relations lawyer.
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