Q: I got divorced in 2019 & have been awarded our house. How do I get ex-husband name off deed & mortgage? Tried having
Tried getting him to sign the quick claim deed form however he refused to do so. Help please!!
A: Usually the marital settlement agreement and final judgment contain language of how the property should be transferred. Did it state husband should sign a quit claim deed within a certain amount of time? It is best you consult with one of us divorce attorneys who can review the documents and see the best steps to take to get the property transferred.
A: You either need to return to Court and compel him to sign the Deed. You also will need to refinance the mortgage to take him off of it.
Mr Eric Klein agrees with this answer
A: The first thing you need to do is to refinance the house so that you can remove your ex-husband from the mortgage. The title agency will prepare a deed for your husband to sign at the time of the closing of the refinance. If he refuses to cooperate, you will have to file a motion to enforce the award that was issued by the court. Good luck!
A: If the final judgment does NOT require you to refinance, then he is required to execute a deed, but only in the event the final judgment requires such action. IF the final judgment is silent on both the deed issue and the refinance issue to remove his name from the mortgage, then there is a problem and there is no clarity. Your best option in such case is to meet with an attorney who can review the final judgment and advise how to proceed.
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.