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Edit Deed: getting him off deed/refi? anyone?

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TheAgonyOfIt posted 12/29/2013 16:12 PM

hi. i realize this is a question for professionals but during this holiday week I thought someone out there might know. its driving me nuts.

a friend is convinced that i can pay him off and make him go away by getting him to sign over the house to me via an edit deed.

However, when i briefly approached the subject before, it appeared that i would have to refinance.

I have a home based business, and even though i pay 95% of the bills, I cannot "on paper" afford the house. It's screwy but that's the system.

Anyway, does anyone know if i can make him go away via an edit deed WITHOUT a refinance?

IF only life were easier. Sigh.

monarchwings posted 12/29/2013 16:32 PM

You have to be awarded the house in your decree and then get him to sign a special warranty deed. I think you have to give him a letter of assignment or something. Perhaps someone can elaborate more on this topic. He will still be on the mortgage, but has no ownership to the title or proceeds if/when you sell.

homewrecked2011 posted 12/29/2013 16:33 PM

I can tell you what happened for me:

My atty said if I went to trial on my D the judge would give me xxxx amount of time to refi.

However, instead of going to a trial, we settled out of court. What XWH agreed to is that I NEVER have to refinance the house if he can claim one child on his taxes. It also states that he would quitclaim the house to me - we should have had those documents ready at the final hearing however, because now he is waking up. He doesn't want to sign the deed over to me because he is on the loan. He also cannot get approved for a home loan because he is still on this loan with me.

So, long story short, your atty will prob need to work out some deal so that you can keep the home without refinancing.

crisp posted 12/29/2013 16:38 PM

Need more info. Where are you in the D process? Many times it is accomplished by recording the divorce decree that establishes your ownership in the property. It depends on the state for recording protocol.

If the D is finished and you are still co-owners, you must work with him or file a lawsuit asking for something called "partition." That is when co-owners can't agree and you ask for court intervention to sell, buy or divide co-owned property as is appropriate.

Williesmom posted 12/29/2013 16:43 PM

My wxh agreed to be removed from the deed in the separation agreement.

I had my attorney draw up a new deed and record it. I then worked with my mortgage company to amend my mortgage so that he was removed.

You can always remove him from the deed, but not the mortgage- that way he has no ownership of the house, nut he is still liable for the mortgage.

Good luck.

Kajem posted 12/29/2013 16:48 PM

XH signed a quit claim deed as part of hour divorce. I had 2 years to buy him out at price $$A , if I refinanced after 2years the buyout amount went up.

All of this was in our divorce. Till I was in a position to buy him out and refinance he was still on the mortgage but not on the deed.


Phoenix1 posted 12/29/2013 16:57 PM

XPOS signed a Quit Claim, I filed it with the Recorder's Office, and he was officially off the deed and has no rights to the house. This was before our D even became final, but it was also stated in the settlement that I get the marital home outright. However, he is still on the mortgage and cannot be removed until I refinance. Our settlement states that it will remain that way until such time that I am able to refinance in my own name with the same or better interest rate (no time frame). I am in no hurry to refi since I don't have to, but he will never be able to qualify for his own home while he is locked into our mortgage (poor baby!).

TheAgonyOfIt posted 12/29/2013 17:02 PM

thank you thank you thank you everyone

Okay first we are not married.
so there is no divorce
one blessing that i have in this!!!
(still it's a bitch and we've been together 14 years which is considered in law to be a long term "marriage!) (or is it 15 years, no matter!)

we jointly own the house, i believe it's tenants in common but he's paid 18 months of mortgage and i've paid 49 months of mortgage so i'm HOPING some sort of FAIR compensation can be arranged. Plus all bills, maintenance etc etc etc ETC.

I actually want to sell the house this spring, BUT I want him OUT this month. I want him to GO AWAY.

If i can give him some money, just a little because the son of a bitch has raped me financially (and i let him, dumbass me) and he goes away, then i can LEISURELY deal with the house on my own.

There is NO danger of him being on the mortgage because he knows i would NEVER default.

((One more thing: I don't know if tenants in common supercedes EVERYTHING else but if i brought my case before a judge, I have tons of evidence to show my financial contribution to back up a fair distribution of house sale profits if he keeps owning it until sale. But I'm NOT adversarial and DO NOT want court and I just want him gone gone gone. Gone.)

THANK YOU>>>>>> i am desperate to call attorney but I'm waiting until after New Year!!! I wonder how many new year's resolutions including "dumping the chump" and attorney's get busy on January 1st?

hurting2much posted 12/29/2013 17:20 PM

My XH didn't want the house. He signed a quit claim deed, but in order to get him off the house title, I had to refinance; I was told there was no other way. You can always call the bank, they will know how to get a person off the title.

crisp posted 12/29/2013 18:29 PM

Based on your update/info, you have 3 options:

1- Negotiate something with him that results in him signing over the house or allows you to sell it.

2- Keep doing what you are doing now until it becomes untenable to you.

3- If all else fails, go to court with a partition lawsuit. These types of lawsuits are not very common and I suggest you learn as much about them as possible before you interview lawyers. I doubt very much that you will find a lawyer who has done one.

Lola7 posted 12/29/2013 18:39 PM

My idiot quit claimed the house to me, and he is exclusively on the mortgage. Not too bright of him to be sure, but like I said, he's an idiot.

Anyway, in our divorce docs, he said he will agree to let me carry the mortgage for 4 years and then I will refinance. I'm not going to screw him over because I'm not like that.

This way, I can keep the house, and he's not going to have to worry about carrying a mortgage while he's renting. It's all in the divorce agreement.

[This message edited by Lola7 at 6:52 PM, December 29th (Sunday)]

sparklezombie posted 12/29/2013 18:59 PM

Deeds and mortgages are separate. So he can sign over the title to the house to you, but he'll stay on the mortgage until you refinance. But if you can't refi right away, I'd still get his name off the title. Call a real estate or estate planning attorney (or even your divorce atty). Deeds don't cost much and are quick to prepare.

wonderpets posted 12/29/2013 21:39 PM

I'm on the other side. My XWW is still in the home. There is no way I am doing a quit claim deed unless I am off the mortgage.

TheAgonyOfIt posted 12/29/2013 23:29 PM

Thanks so much all!!!!,

I feel better just having this info. Like I have possibly choices.

And to wonderpets, darn right in your case. I wouldn't do it either but he's protected by my hyper financial responsiblilty. still i wouldn't do it in your case. Good luck!!!!

Ty ty ty

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