Wednesday, August 18, 2010

How can i remove myself from the Title and Mortgage after filing for a divorce?

I have been married for more than 20 years. I have decided to release the property to my wife . There is no small children. I am still paying most of the mortage but not living in the property. I need to get an estimated value of my house in order to add this information to my ';Motion'; and uncosted divorce. Can someone help me with this?How can i remove myself from the Title and Mortgage after filing for a divorce?
The mortgage is a loan, and the Title is property. As far as I know, to get yourself removed from either of those: The Title would be to make the house HERS as part of the divorce settlement. The Mortgage is completely separate, she would have to either take over the payments or buy you out. Talk to your bank.How can i remove myself from the Title and Mortgage after filing for a divorce?
That will be stipulated in the final decree. You have to sign a quit claim deed and provide proof of the divorce to the mortgage company to have your name removed. They will not remove your name until a final divorce is decreed. You could also file to get you two looked at as tenants in common - not spouses but just two people having interest in a property but it seems you want to remove that liability from your life.





You need to have an assessor come over and assess the value if your home and put that in the filing - ie: how much is left on the mortgage, how much potential equity. Then in the proposed final or divorce decree you will most likely have the equity split 50/50 - she refinance, pay you your half and then put the home in just her name. The split of equity can vary - especially if you can prove you paid the mortgage for the duration of the marriage or if you kept the house in working order and preserved the equity by replacing the roof or updating it.
First, you need to have it put in the divorce decree that she will be given the house. You need to also fill out a warranty deed (which you can purchase at any paper supply store or printing shop, you can also have an attorney draw one up but it will cost more and it's not necessary), have it notarized and filed with your local county clerk's office. Provide your county appraisal district a copy of the recorded warranty deed so that your name is removed from county records (appraisal district and tax office). She will also need to refinance the mortgage so that it no longer reflects on your credit report. Hope this helps. Good Luck and have a Great Day!
It will require a new loan application with her being soley responsible.


IF approved, THEN you remove your name from the deed.





Do not relinqish your property rights until the bank removes your financial responsibility.





She will have to prove her ability to pay without you. If not then a sale is indicated.
I'm not sure how firm the estimate needs to be.. you could use the market value from your property tax bill or have the place appraised.


Your wife will need to get a new mortgage in her name only and you will pay off the old mortgage. Your bank can help you with this.
Contact a local mortgage lender. They can give you a list of people who can access the value for your house. Depending on rates in your area it will probably cost about $100 to have it doen.

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