Q: If I agree to sign a Quiet Title with the Stipulation of leaving the house, do i still owe my half of Mortgage?
My ex and I separated last November (2024). She wants me to leave the house but i told her not without my half of the Equity.
She's suggested I "Sign the Quiet Deed with the stipulation of receiving half the equity and leave, half the equity can be placed on the quiet deed, which i legally owe you. You can sign it and leave and i will legally owe it to you when i get it." (All in text)
Since she's stated she wants me to leave the property with her owing me my part of the equity, am I still obligated to pay my half of the mortgage since i wont be in the house anymore under her agreement?
A:
The short answer is yes. Your agreement with your ex is just between the two of you and is not binding on the mortgage holder on the property. You will remain bound on the mortgage until your ex refinances the mortgage or sells the property. I suggest you put your entire agreement in writing, and include a date by which your ex will either refinance (to put the mortgage in her name only) or sell the house.
Where real estate is involved, it is worth it to hire an attorney to put your agreement in writing. I strongly recommend you do so.
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