Q: How much does it cost on average to get your ex spouses name off of a mortgage after signing quitclaim deed and divorce?
My ex-wife had went to the court of Appeals and was able to modify the Judgement of Divorce so that I would have to pay 1/2 the cost of getting my name off of her mortgage. I received a bill from her father stating that my half is $4400. From the looks of it they are getting a new mortgage and want me to pay one half of their closing costs. Is there a cheaper method available for me to remove my name from the mortgage?
A:
What did the Court of Appeals order say exactly? You should consult with your appeals attorney about this to get a full answer, but I can take a stab at things.
ONE way to get your name off a mortgage is to refinance, get a new mortgage and pay off the old one.
ANOTHER would be for the bank to agree to simply remove your name and keep the mortgage in place. That would probably be cheaper.
IF THE ORDER is silent and it left the method up to your ex, you're probably stuck with this however. You might argue that 'points' and other fees not associated with the removal of your name should not be charged to you, but again, that depends on what the Appeals Court has ruled. Without seeing the FULL judgment, and knowing what arguments were made and not made at the Court it is impossible to know for sure. The BEST advice will likely come from your attorney who already has the background.
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
