If you want to keep your house after your divorce, you are taking on a big financial challenge! If you are like most Americans, your mortgage represents your largest monthly expense, and now instead of splitting it between two incomes, you’ll have to find a way to shoulder it all on your own.
Still, many women want to keep the house to maintain a stable environment for their children. Your house may also be in a school district you love, close to work, or close to friends and family.
If you have your heart set on keeping your house after a divorce, how exactly do you go about taking your husband off the mortgage and putting the house entirely into your ownership?
Get Your Spouse’s Approval
The very first thing you need to do in order to keep your house is to get your spouse’s approval. If you and your spouse purchased the house together after you were married, it is likely to be considered martial property. That means your spouse has some entitlement to it.
If you live in a community property state, your spouse will be entitled to half of the home’s value. That means that if your spouse doesn’t want you to keep the house, he can likely get a judge to force you to sell it so that he can get his share. You will need to negotiate with your spouse and convince him to give up his claim on the house.
Often, this will require you to buy your spouse out of his share of the equity.
Refinance the Home
If you can get your spouse’s approval to let you keep the house, you’ll want to remove him from your mortgage and title. You can do this by refinancing the home in your name only. A refinance can also allow you to pull money from the equity you’ve built in the house so that you can pay your spouse for his share.
Unfortunately, getting approved for a refinance can be very difficult for a newly single woman. You will have to prove to a bank that you have good enough credit and a strong enough income to afford the mortgage payments on your own.
Most couples purchase a home that is right at the level they can afford collectively with their combined incomes. You may be trying to stay in a home that was only really affordable for you as a couple, not you as a single person.
The bank may not grant you a refinance, or you may have to ask your parents or a family member or even your ex-spouse to co-sign. You may also face a higher interest rate if the banks perceive you as a bigger risk and/or if you take out so much equity that you have less than 20% equity in the home.
Keep the Mortgage You Have
If your heart is set on keeping your home but you cannot qualify for a refinance, one of the only options you have left is to keep the mortgage that you have. This is a risky move. You’ll need to convince your spouse to keep paying his half of the mortgage or find a way to buy him out of his share. If he does agree to keep paying the mortgage (perhaps to ensure his children get to stay in the home), you will be dependent on him.
What if he loses his job or gets remarried and wants to buy a home with his new wife? At any time, or for any reason he could stop making payments. If, as a result, you default on your mortgage, you could lose the house, and both of your credit scores will be tarnished!
If you qualify for alimony, you may be able to work out an agreement with your husband so that he makes his required alimony payments right to the mortgage company. This can add more reliability to the process, but won’t help you if your husband loses his job, retires, or if he decides one day that he wants to sell the house.
A Difficult Decision
Think long and hard before you decide that you definitely want to keep your house after divorce. As we have written about in the past, keeping the house may seem like a good idea at the time, but it could burden you with huge financial expenses that will make it very difficult for you to financially recover after your divorce.
It is worth it to see how keeping the house versus selling the house and moving to a lower cost option would affect your financial stability. Consider discussing your options with a financial adviser who specializes in divorce. You can find one at the next Second Saturday Workshop in your area.
I am married and i bought a house with my mother last year. My husband was not included.
I am thinking about separating from my husband but he doesn’t want to get out.
Who owns the house legally. Me and my mother or does he own it too?
It is owned by the people who are on title.
My husband and I bought our house in 2014. We refinanced from VA to Conventional loan last fall. At that time I was transitioning jobs and so I didn’t get on the mortgage, although I am on the title. We are recently separated and will be getting divorced.
He is saying I can have the house, and I don’t know how best to assume the loan. We locked at a very low rate last year and also reduced the terms to 20 years. In my research I am seeing that it is difficult to assume a conventional loan. I do not want to move, I just want to take over the mortgage in my name, get him off, and keep the mortgage payment and terms as-is, especially since rates have more than doubled since the refi.
Any advice on the way that keeps costs down and make the most sense is appreciated.
I don’t know what your mortgage company is willing to do so you can ask them and find out if there’s a way you can get your name on the mortgage and his name off of it. If he’s willing to keep his name on the mortgage, as long as you agree to make the payments, that may be the only way. But ask them to find out what’s possible. You never know until you ask.
Hi, I divorced about 5 years ago and my ex husband had been deported but he is now in Houston tx again… he is here illegally but we were able to get divorced. We didn’t fight our house since I paid it off while he waa in jail then deported to Mexico. Now I find that he is the only on on the title deed and am mentioned in the deed as his wife but I don’t know what I need to do to transfer the deed in my name.
You need to have him sign a quitclaim deed that deeds the property to you in your name alone. If you can’t find him or if he refuses, and if your divorce agreement grants the home to you, then you can ask the court to appoint someone, often the court bailiff, to sign in his place. That person signing for someone else is called an elizor.
hello
I’m in the middle of a divorce after 25 years of marriage , i am disable 60 and have a 21 year old daughter from the marriage who has mental issues . my husband wants me to sell the house the mortgage is in my name but the house in both. can he force me to sell? or will the judge rule in my favor ? will he have to pay me spousal support indefinitely?
The law differs from state to state, and I am not an attorney and I don’t know the laws of your state. I would imagine that the law says that neither of you can make major changes in your finances, such as selling the house, while the divorce is pending. This issue should be addressed in your divorce negotiations and in your final divorce agreement. If you can’t agree, then you can ask the judge to make the decision. I’m guessing that the judge would give you the opportunity to buy your husband out, but if you are financially unable to do that, then the judge may order it sold. Again, look to the laws of your state to see what might happen. And spousal support is rarely paid for a lifetime. When you both are of retirement age, retired and collecting whatever you collect in benefits, your incomes may more equal and support might end, or at least be reduced.
I bought the home we lived in for 8 years & then were married. I did refinance & one of the times it did add his name to the mortgage. After the most current re-fi we did it is only in my name. If we divorce does he have a claim to the home, becuase of the re-fi since we have been married? Thanks.
The laws of each state are different, so you’ll need to find out from someone knowledgable about the laws in your state how they would apply to your particular fact pattern. It may be that the home is your separate property since it is in your name alone, but he is due a portion of it since you were married and used your joint funds to make mortgage payments.
I owned my house free and clear before I married again. We r getting divorced and when our new house was bought I wasn’t married to him and I used the money from the sale of my house to purchase the house I’m in now. I made the MISTAKE of putting him on the Deed. He’s very vindictive and will want the house. Since this was bought before we got married and I used the proceeds to purchase the new house does he have any rights to get the house? I paid for EVERYTHING and the money is not joint. I have an 11 year old daughter with my deceased husband and current husband is more than happy to put us out on the streets. Any and all help is appreciated.
Yes, of course he has rights — he is a joint owner the house, along with you. What that means depends on the laws of your state, so you’ll need to consult with someone knowledgeable about the laws of your state right away. I’m guessing he’s entitled to part of the mortgage principal paid during marriage and some portion of the appreciation of the home during marriage as well, but that’s just a guess.
My husband and I purchased our house in 2016 and our divorce was finalize in August of 2020. His name is on the VA loan and I’m on the deed. I was awarded the marital home in the divorce in which I have to refinanced within 18 months. I have been working with a financial advisor but my credit is still a little week. We have three small children between us and at the rate the house is now I can afford it. I pay the mortgage and all expenses related. Will the judge make me sell it if I can’t refinance it by the 18th month?
I really don’t know the answer to your question, since I don’t know the laws of your state, exactly what the divorce agreement provided for if you didn’t refinance because you were unable to do that. I suggest you ask an attorney who knows the laws of your state and also knows a history of how that judge has ruled on those issues in other cases.
I divorced in 2011 and the divorce agreement gave my ex wife a house. Until now the house is still on my name and her. She put a house for sale at the high price and the house is getting any buyer because of the price. She cannot refinance because of bad credit. The house has been on the market for five months now. Is there any other way of getting my name out of that house is almost ten years now
You can sign and file a quit claim deed to put the house in her name alone. But if there is a mortgage that is in your name, you will have to ask the mortgage company to remove your name. Likely they will not be willing to do that without her qualifying for the mortgage in her name alone.
Look at your divorce agreement and see what it says. If it requires her to refinance the home into her name within a certain period of time, and that time is up, then likely you can force her to do that or sell the home (by listing it at a marketable price). If your agreement was silent, then you’ll need to talk to an attorney about what legal recourse you have at this point, under the laws of your state.
Hi! My mother and step father are going through a divorce and neither will back down from letting go of the house, my mom has the finance/ credit under her only but he is on the deed too but not on the loan. Is there anyway she can buy him out even he refuses or the only option is to sell and split from the sale? I make a good income and want to help my mom on owning the home.
It’s rare that both spouses are each in the financial position to buy the other out and each wants to do that, but it does happen, obviously. In some states, the spouse still living in the home gets first opportunity to buy the other out, particularly if minor children are living there as well. She should talk to an attorney who knows the laws of her state to give her advice on what her options are.
My ex and I bought a home in 1998 we divorced in 2011 he was “awarded” the house in the divorce. The past 10 years the house has been financed in BOTH of our names. Me asking him repeatedly to refinance it out of my name, with comments back if he has bad credit and can’t do it. He has now listed the house for sale. My question is the house is still financed in both of our names. Will I have to sign paperwork for him to sell this house?
If the house is titled in his name alone, then he can sell it without you signing paperwork, as far as I know.
I divorced my husband in 7 years ago.He never attended the court so the court ordered that we share the child’s responsibility the primary residence to vest with me.So when we got married in community of property he already had the house and it’s an rdp house. 5 years later he passed on and the baby mama wants to claim the house because she has a son with him. I currently live in the house and the house has no title deed yet.Can I use my decree of divorce to transfer it to my name?
If your divorce agreement says that you are to get the house, you definitely should take steps to get it titled in your name. But you now have a complication in that he is deceased, so you will probably need to take legal action against his estate or his heirs who inherited the property from him. Please hurry — talk to an attorney right away, before this gets worse. And anyone reading this, once you are awarded an asset in a divorce agreement, act right away to get it into your name — otherwise life happens and you end up with a mess like this.
I have a temporary court order that I have the exclusive use of the property. We bought the house 2011. We were together for 16 years. Divorce was filed June 2018 and there is a Mandatory Settlement in Aug 2021. We have 2 kids, 8 and 19 year old and I have 90% physical custody of them. The teenager can decide for himself but prefers to stay with me in our family home, and only sees his father once a week for few hours. Im a RN in profession. I have been paying for everything since the court order exclusive use of the property which is Jan 2020. I would like to keep the house for me and my kids. What is the chance that I will be awarded of the family home? Please advise. Thank you.
I’m not a betting woman, and even if I were, I wouldn’t give odds on how a divorce case would turn out. If you and your ex decide that you keeping the house would be best for the family, great. If not, you’ll need to find out what the laws of your state provide in such situations. What I can tell you is that in most states, the one living in the house would be given first right to buy the other one out, if that makes sense for you financially.
Will my decree of divorce help or I will need other documents except the death certificate?
You will definitely need the decree of divorce that shows that it was to go to you. You may need the death certificate as well, but they can tell you what you need to provide.
Hi Ginita. I am looking to keep my house, but would like to get divorced. My wife makes more than I do and we pay the same amount of rent and bills. My 3 kids are in the school district and neighborhood that is great. I don’t want to have to move them and would like to stay in the house. I don’t know what to do moving forward. Please help
If you want to keep the house, then figure out how much it would take to buy her out, and see if you can qualify to borrow that amount and can afford the resulting mortgage payments. Or you and she could retain joint ownership of the house and sell it in a few years, if you can work out the terms of that with her. Or you can give her more of your other assets to buy her out, but she may want cash to buy a new home and may not go for that, and giving her more of something else, such as retirement funds, may not serve you well in the long run.
Please help….I’m divorced…house is mine…but I don’t have good credit as a result of divorce….how can I get house in my name?
The house can be deeded to you by using a Quit Claim Deed, or whatever version of that there is in your state for transfers of real estate between spouses or former spouses. If you want to get the mortgage into your name alone you will likely need to qualify for a refinance mortgage. Ask the lending institution what you need to do to qualify. Perhaps having a family member or friend apply with you will work, if that makes sense for them.
Hi,
Me and my husband has been divorced for 12 years now. He’s has remarried, i got to keep the house and been taking care of the mortgage myself. I don’t want to refinance due to adding on more years. I want to know what can I get for him to sign off on. If he pass away and still marry, that she want get half on my home. He’s willing to sign the paperwork
If you were awarded the house in the divorce, he should have signed a transfer deed transferring the house to your name. If he did not do it at the time, have him do it now. You probably can download the forms used in your state from the internet, or contact your county clerk to get one.
Hi,
I’m divorcing my husband and we have both agreed that I keep the house for our three children and I as I will be the primary custodial parent. I’ve been a stay at home mother for the past 12 years. When we purchased the home 7 years ago, I did not have any work history or credit to be added to the loan so everything went into his name. Now that we are divorcing, we’re not sure as to how to transfer the home to me. I’ve only just began working since the divorce so I do not have a sufficient amount of work years required for a refinance. He is usually pretty cooperative but there are times that his family tries to convince him to just take the home from the children and I. We do have a written agreement that I’d keep the home as he has already purchased a home for himself however, the written agreement isn’t notarized. I’d greatly appreciate any feedback or guidance.
The title to the house can be transferred into your name. He simply signs a transfer deed transferring it to you. He will need to agree to stay on the mortgage until such time as you can qualify to refinance it into your name. As for what legal weight your written agreement carries, you’ll need to consult any attorney about that.
My situation is unique my wife abandoned me more than once ran way with the children and left me with the house. She filed for divorce and stop paying the mortgage, claiming that im emotionally and physically abusive which is a lie. I want to keep the home because I’ve been keeping up with maintenance
Most states are no-fault, meaning that property is divided by state law regardless of whether one spouse is found to be at fault in ending the marital relationship. It seems clear that she doesn’t want the house, since she keeps leaving it, so likely she won’t challenge you keeping it and her getting more of other marital property.
Hi, the mortgage has been in my name since we separated. We divorced in 2018 with no financial settlement in place but he’s now remarried. I understand that means he’s lost any right to make a financial claim against me or the property, but how to I make sure the house has no further connection to him? Do I need to contact the land registry or change the deeds or something like that?
Thanks
Jane
The laws of each state are different, and the laws of each country differ from the laws of the others. I don’t have any idea how your legal system works in the UK or what is required. Sorry
My mom and dad got divorced her name is on the deed only and his name is on the mortgage and title, he agreed during the divorce that she can have the house, but never got the title switched over into her name and now he’s not answering any of her calls to put her name on the title and take his off. What can my mother do???
If her name is on the deed, which was signed by him conveying ownership to her, then all there is to do is to file that with the courthouse, so their records reflect that title is in her name. If he has not signed such a document, and the divorce agreement says that she is to get the home in her name, then she should ask the court to appoint someone to sign the deed in his place. This is called an “elisor”. Once that is signed, then she can file that with the county clerk.
Our primary home is in my name only (title and mortgage). My wife and I are working through a divorce and I would like her to keep it. She also cannot afford it at the current payment. I would like her to be able to take on a mortgage (30 years) for what we owe on it which would cut the mortgage payment by about $400 a month. How can I do this? Is it possible?
You can deed the home to her, but you cannot get your name off the mortgage unless the mortgage company agrees, or unless she gets a new mortgage that pays off the existing one. So she’ll need to apply for a mortgage with a lender or through a mortgage broker.
Hi! I have a serious question. My ex and I divorced in 2016. The judge awarded me the house, vehicle and everything that had been in my possession for the past 30 days.. which is everything because he works overseas. When i received the divorce papers it states i was awarded everything in my possession in the past 30 days from the date the divorce was finalized. I haven’t put any effort into getting the deed in my name because i didn’t have a reason, until now. He’s talking crazy like he wants to sell my home, and doesn’t believe what the divorce decree says will hold up. Can anyone tell me what i can do. I’m a single mom, and i can’t really afford a lawyer. I don’t want to lose my home.
Retitle the home in your name. If it requires his signature and he refuses to sign, you can ask the court to appoint someone to sign on his behalf. This is called an elizor, and it is often the court baliff who is appointed and signs the papers.
We have a different problem, but like this one … mine is … in Wisconsin … my husband and I bought our house on a Land Contract from my aunt 25 yrs ago … we pay all repairs and upkeep on the home per the Land Contract too … me and my husband are are on the title and she is listed as a Life Estate only … we paid the house in full 5 yrs early in 7/2020 … we paid early in case she went into a nursing home again, as she did for 4 months in 2020 … the Land Contract says she has to sign over the warranty deed once we paid in full .. she has refused to to deposit the final check and claims now that she is joint owner and claims she can now force sell the home and receive 60% of the home we paid 100% for to her… she is doing this because she thinks we wanted to evict her but we even gave her a rental agreement per her request for $0 rent per month .. it’s crazy.
It sounds as though she is not thinking or behaving rationally, refusing to deposit checks, and you may need to talk to her closest relative to see if they can deposit the check. You can talk to an attorney about steps you can take to get quiet title to the property, as provided for in the contract. You may need to show that you sent her a bank/certified check and that she received it, even if she did not cash it.
We signed a notarized legal separation agreement distributed our assets 50/50,since he didn’t have anything, I had to give him my share of the house
But he agreed to get house refinanced in his name and get my name off mortgage. It’s been 3 years and he hasn’t done it. What can I now do?
If the agreement you signed is an enforceable contract, you can ask the court to order him to refinance or sell.
Currently separated from my husband, we bought the home May 2020 he just signed the docs because it being a VA loan but never moved in until September 2020 just for 2 weeks due to domestic violence. He has never helped with no payments or anything. I’m afraid to file for divorce to lose the home. There is no equity in home. Will I have leverage since I have been living there with my kids( not his biological) and paying the mortgage?
You’ll need to talk to someone who knows the laws in your state to get the answer. But since you have been living there and paying the mortgage, it is likely that you would be given the right to continue living there if you can afford it. The problem you will have is getting his name off the mortgage, which probably means qualifying for a new mortgage in your name, unless he will agree to keep the mortgage in his name alone.
I am thinking about filing for divorce. We have been married for 29 years this May. I plan on hiring an Attorney to prove emotional and mental abuse as he cheated in 2012. My husband didn’t have a clue how to buy a house, I cleaned up his credit because mine had more on it, then put his name on Mortgage and mine on Deed. I have realtor that can testify to this. Once this is in court I don’t mind splitting 50/50 I just don’t want to leave or be forced to sell the home. I currently work and take care of my granddaughter I’m clay county Florida. We have lived in same home for 20 years however, he worked out of town the entire time our children were little, until I forced him to come back and stay in his own bed I’m 2017. Does Judge take any of this into consideration as I am trying to legally stay in the home? Also with quitclaim deed does it need to be notarized? Thank you!
Before you engage in a battle to prove emotional and mental abuse and that your credit was better than his and you had more real estate knowledge than he, please check with an attorney to see what difference that will make in the settlement. Most states are no fault and none of that comes into play in determining the terms of the divorce. If the deed is in your name, I don’t know why you would need to have him sign a quitclaim deed to you, but if it is needed, you can search for the form online and see if it requires a notary or not.
Another question. My aunt died and left her condo to my mother (whom just died) my mother never got the condo switched to her name. (I found my aunts will which gives it to my mom) how do I get this transferred to my name if my mother never got it transferred to her name.
You will need to find out what is required in your state. It is likely that the executor of your aunt’s will will need to sign the documentation needed to put it into your mom’s estate’s name, and then it will need to be transferred to your name.
My mom just passed away. In her will, she left me everything including the house. When she got a divorce my dad let her have the house as a part of their divorce agreement, (I found that paper work from divorce) but she never had it transferred into her name. What are the legal procedures to transfer this to my name?
You will need to find out what is required to perfect a deed in your state. Likely the executor of the estate will need to claim ownership by showing the divorce agreement and requesting that the house be put into the name of the estate. Then it can be transferred to you.
I’m divorcing my husband, we have a house we purchased in the marriage, he wants me to put the house under my name only but im afraid because my house income it’s lower then him. What can I do?
The house can be put into your name by having him sign a quit claim deed that gives it to you. He will still be on the mortgage unless you refinance it into your name. If you cannot do it, then his name will remain on the mortgage.
I opted to keep the house in my divorce in 2006. I paid his half to him but my home document is still in both our names. I am thinking about selling it so what document does he need to sign so it’s only in my name?
He needs to sign a quit claim deed. And there may be a special one in your state — in California it is an interspousal transfer deed.
My soon to be ex husband gave me $5000.00 in gift letter deposit. The loan and all information to acquire it was my information alone. He is on the deed. He doesn’t qualify for a mortgage loan. I’m keeping custody of our son. What usually happens?
If I understand the situation, your husband gave you $5000 from some source along with a letter that said it was a gift to you. I would imagine in most states that would be your money.
As for the home, he is on the deed as owner, so he has ownership in the house. If you used your gifted $5,000 as part of the down payment for the house, then you might have a right to get that money back off the top from the sale of the house, or reduce the amount you have to pay him to buy him out.
My wife illegally evicted me from our family home by changing all the locks while I wasn’t home and tossing a few of my clothes on the lawn. She kept the majority of my property and has refused to return it. I attempted twice to involve the police, but they would not accompany me while all my things were retrieved. I never wanted to leave the home or get divorced, but she was having an affair with a woman and become irate when I found out. I live in Arizona and the mortgage is in both of our names. Her actions left me basically homeless, without a vehicle, and without access to my personal belongings. The home has a substantial amount of equity. In divorce court, should I seek to be award additional damages above and beyond equal division of assets and home equity due to her actions, and should I seek criminal charges against her? Thanks.
Let’s start with the last question first — if the police are not interested in getting involved, I’m guessing that asking the DA to prosecute this as a crime is a waste of time, but that’s up to you. Hint: She’ll probably continue living in the house while the matter is being adjudicated and you will still be in the same situation.
You are likely far better off asking the court to order her to turn your belongings over to you, and then taking steps to enforce that order.
As for whether you can ask that she be sanctioned monetarily by the court, that depends on the laws of your state and the customs of your local court. So you’ll have to find that out from someone who is familiar with those laws and rules.
HI,
I am divorcing with my wife. currently her name is on the title. she barely paid for any utility fees, property tax etc. this house is fully purchased in my parents cash with zero mortgage/finance etc. and she didn’t pay for any of the portion when purchased it. And my parents never say they will use this property as a gift to both of us she refuse to sign for divorce unless claim that she will have at least half of the property value.
Is it true that she will be rewarded at least half of the property???? This is all my parents money. Not even one cent from her. We have been married for 7 years and we currently live in Florida for 3 years
You can decide between you, and if you can’t decide, you can ask the court to decide for you. The court will follow Florida law in making its decision, so the thing for both of you to do is to find out what Florida law provides in a situation such as this. That will give you a backdrop against which to negotiate a settlement.
Our house was signed over to us by a my mother and we have a contract with her to buy the house and she has life long lease. My husband has not held a steady job and for the last 2 years has not worked at all. We took a loan out on the home and owe about 2000 less than it is worth.I can afford the payments myself. Do you think I would be able to keep the home. He said my only choice is to sell for the divorce? Also we still owe my mother 17,000 for the purchase of the home.
If you owe less than it is worth, it seems to me that if you sold it you would net nothing from the sale. He is entitled to 50% of that, and 50% of nothing is nothing. So if you can afford to make the payments and you can get his name off the loan, then he’d be in the same position whether you took it over or it were sold.
But can he force me to sell it? He said he would rather see me end up with nothing than to keep the house.
My wife left the house 9 months ago. The mortgage is under my name I’m going to file for a divorce she is being telling me that she wants the house. Can she keep the house she is illegal person no documents??
If she has the ability to buy you out of the house, then she could keep the house. If you each have the ability to buy the other out and you each want to keep the house, then you will have to decide which of you will keep the house, or submit the question to a judge and let them decide based on all the facts and circumstances, such as who is living there and where the children, if any, reside.
Hi my wife left the house 9 months ago we bought the house 5 years ago in Arizona. We have 4 children the oldest is from different mother I got full custody. the mortgage is under my name I’m planning to file for a divorce. She is been telling me that she wants to keep the house she doesn’t want to get in a agreement. Now my question is can she really keep the house she is illegal immigrant no documents I really love my house???
You are in the house, right? So at this moment what she wants or doesn’t want isn’t an issue, you are where you want to be. If you file for divorce, you will say that you want the house and propose what you will give her to buy her interest out. If she wants the house, she will have to show that she has the means to buy you out. Even if she can do that, faced with the choice I would imagine a judge would award the house to the person living there with the children.
My ex-husband never paid child support, left to another state. On divorce papers we decided the house will be for our 3 children and myself. But his name still shows on the tittle. What should I do to get his name off the tittle? He is re married and me too.
If you were granted ownership of the house you should have a new deed drawn up and contact him to have him sign it. If he refuses, you can ask the court to appoint someone to sign on his behalf (called an elisor). It often would be the court’s bailiff who would sign.
Hi, I’ve been divorced for over 3 years. I agreed to allow my ex-husband reside in the home that we purchased together. I reside in a different State now. The land that the home is on was deeded to me from my mother, and we used that to purchase the home. I want to get my name off of EVERYTHING and let him have it ALL. How do I go about this?
It’s easy to take your name off the deed to the home. You can contact the county clerk and get the form you need to file to quitclaim the home to him. But if there’s a mortgage that has your name on it, your ex will need to contact the mortgage company to see how to get the mortgage in his name alone. They may require him to refinance. And I suggest you don’t quit the home to him until you know your name is off the mortgage.
The mortgage is my name only. The divorce decree states she was to make the monthly payments, and she has, and to refinance the house out of my name within 5 years. That was 8 years ago, and she still hasn’t done it.
She contacted me by text wanting me to call the bank, and to allow her to cash out the escrow, because she is “closing” next week on a new mortgage for the house. I haven’t signed anything, and I honestly don’t understand much about all of this.
The escrow account accumulates funds to be used to pay property taxes and insurance. If she is taking out a new mortgage, then the funds in that escrow account will be refunded to the borrower of record, your, once the old mortgage is paid off by the new lender. Since she’s been making the mortgage payments, all the funds in the escrow account have been put there by her, so it makes sense that she would be entitled to those funds, not you. So she’s asking that you ask the bank to refund those funds to her and not to you.
So… my house is in my name, he’s not on the loan or the deed. I can afford it without his help and will most likely be the primary custodial parent with three kids who are 16, 13, and 9. We just bought the house in 2017, so will his share be considered only half of the current equity? We paid for the down payment with my summer balloon check (I’m a teacher) and I make almost twice what he does because he refuses to get more than a part time job. I can afford the house without his help, and I could probably figure out a way to pay him his half of the current equity, but half of it’s value wouldn’t be possible, and I really don’t want to sell it. I love this house and my kids love it.
The “value” of the house is the fair market value minus the mortgage balance, which is the equity. He could be entitled to up to half of that, depending on the laws of your state.
I filed for divorce in 2015 it was final in 2017. I was awarded 70% of the house and my ex-husband 30%. Part of the divorce agreement was that he was to help in doing the repairs to the house at a 50/50 split in order to sell . He is an electrician and the biggest thing needed in a new electrical service which has to be done in order to sale. He has stopped paying his 50% of water bills and sewer bills. Refuses to do any repairs. His name is on mortgage not mine. But I am on the deed. He wants to sell the house without
Doing these repairs which will affect the value it could be sold for. I refuse to let a realtor in and I will not sign off on the deed. What should I do?
It sounds as though you are at a stand-off. He won’t do the repairs and you won’t sell without those repairs being done. You could let him know that you are hiring another electrician to do the needed repairs and sending him the bill for half the cost, and you will take him back to court to enforce the orders that he pay his half. Before you do that, I would try to get something in writing from him that says that he won’t perform the needed repairs himself, so he doesn’t say later he was willing to do them and you refused to let him.
I actually have hired a lawyer. At this point I want the house at 100% since he owes me so much for repairs and bills that I have had to cover since he has neglected to pay his share. If he agrees to walk away from it …. then I will finish the repairs myself and sell. If he chooses to fight it than I welcome the court battle. Either way he won’t fair well . Thank you for the advise.
I’m 60 and about to be divorced.We have a home together on my property he wants to sale the house but I want to keep my property
In your divorce negotiations you’ll need to divide the property in a manner that makes sense for the two of you. If he wants to sell, and you have the ability to buy out his share of the property, then you can each get what you want.
hi! I have a question my husband and I got a divorce and I got to keep the house but I never changed it to my name. I married him again and now he’s in the hospital with a brain injury and I’m having a difficult time paying for the mortgage is there something that I can do about this?
If you can’t pay the mortgage, then ask the mortgage company if there is some “forbearance” that they can give you, which means that they delay collecting some or all of the payments for a period of time. Because of the pandemic, a lot of lenders have such a program, or they can guide you to a state or federal program. You could take legal steps to have the house put into your name, but that won’t help you pay the mortgage so dealing with the mortgage payments is more urgent right now.
My wife & I divorced 8 years ago, I was awarded the house, took all the financial responsibilities & now she thinks she can have half, her name is still on the deed & the loan. Can she do that ?
If you were awarded the house, then you own it. But the public records say that she owns half of it. So you need to get a transfer deed drawn up and filed. If she refuses to sign the transfer deed, you can ask to court to appoint someone (called an elisor, and often the courtroom baliff) to sign on her behalf.
I just got divorce. I was awarded the house.the house is under our names. The mortgage is under my name. I want to know how can I take the name of my ex out of the property.
Have your spouse sign a quit claim deed to you.
My husband was awarded the house in our divorce 8 years ago. He still has my name on the mortgage and deed. He has fallen 4 months past due on payments. This has caused my credit score to plummet. What rights do I have?
If your divorce papers required him to take your name off the mortgage, you should take steps to enforce that. If it didn’t, then it’s an issue you’ll need to bring up now.
Me and my ex-wife divorced back in 2011 and it was finalized in 2014 I was awarded the house thru the divorce settlement as well as custodial care of our 3 children she refused to sign quit claim deed u until i Removed her name from mortgage i tried refinancing 2 times since and both times was close to closing on the refinance but it never fell thru because both times my ex-wife refused to pay some credit card and small loan leins she had against the property
While married in her name which keep me from closing both times I have been solely paying my mortgage by myself since 2011 as well as
The primary custodial parent of our 3 kids
Each time I ask her whether she took care of her leins she says no I’m not said she will let just them drop off her credit report after so many years
It’s really frustrating because I got a new insurance company to cover my mortgage with a better rate after the divorce but they insist I still must
Put my ex name on the policy cause her name still on the mortgage even though it’s my policy
She never even signed it my delima is My home just went thru some storm damage and now I’m having to have her endorse my Insurance payments for repairs but feel she may try to screw me over As I said before I have been paying my mortgage solely by myself for the last 10 years she has had nothing to do with the house in any way shape or form not one Mortgage or insurance payment It was granted to me through the divorce I have all the proof on the the decree and stipulations The only technicality is that her name is still listed on the mortgage but that’s because she refuses to pay offer a leins which keeps me from going thru with refinancing I have gotten so sick and tired of the run around So I’ve decided next year I will just try to pay off the leins myself just to be through with her but my question is in the meantime is there anything I can do or any advice you can offer me At this very moment my biggest concern is that if I have her endorse my insurance home repair checks she may try to
Get money out of it and dissappear Not to mention she has since remarried and has a different last name and lives in a different state
But when my storm insurance damage check and personal property damage check came it came in her last name When she was married with me any advice or suggestions would be helpful just want to get my repairs complete on my home without her trying to make things difficult thinking she deserves to get something out of it This is why when I got the new insurance policy I tried to explain the situation to the insurance agent because I feared one day something like this happening
I have not forwarded the check’s to my ex yet for her endorsement but just Feel she may try to be sneaky and take some of the funds for herself Again any advice would be helpful any suggestions I even went as far as to try to convince my Mortgagee lender to allow me to do an assumption long but they keep referring me back to a regular refinance
Just want to get my ex wife is the name off my home and out of my life As she has been no help to me and our 3 children who are now young adults the youngest just turning 18 last month
Again please any suggestions what would you do or what do you feel I should do
If you were awarded the house in the divorce and she refuses to sign the deed to put the home in your name, you can ask the court to appoint someone to sign on her behalf (this is called an elisor). Similarly, if she refuses to take the steps necessary to put the mortgage in your name, you can ask the court to order her to do so. Frankly, as long as you are blaming your wife for your current situation and casting yourself as the victim, you are giving up any power that you might have. Once you accept that she is doing what she is doing, and not doing what she is not doing, and that is just what’s happening and doesn’t have anything to do with your ability to act, then you will be able to see powerful actions that you can take to get the transition taken care of. Good luck.
Ms.Wall is correct in her reply. Do what she says. Contact the court. Most courts have someone to help with Family Law. In our county, I met with the Family Law Facilitator who helped me get started on my similar issue. It is important to do this right away! Your ex-wife may get more liens as time goes by. Afterwards, there are options to fighting, settling, or paying default judgements that create liens. First get the Court to help enforce the divorce agreement. Its a process, but one that will eventually put you in the drivers seat. Good luck!
House is in my name but agreed with the ex in the divorce that she can have the house. How do I get my name off the loan other than her refinancing the home in her name (she doesn’t have the credit).
Ask the mortgage company how you can do that. I’m guessing they will say she’ll have to qualify, and if she can’t qualify, then your name will remain on the mortgage.
We just bought a new house, my wife doesn’t have an income (taking care of the baby). I’m the only one who pays for everything, mortgage, all bills. My wife appears like a Co-Borrower even if she doesn’t have any income. I used my money for down payment too.
My Question: In case that we decide to divorce is she entitled for 1/2 of the house?
If the house is marital property and if the law in your state divides marital property 50-50, then the answer is yes.
I got a divorce in 5 years ago and the courts gave me the house cause she didn’t want it I owe 5 more payments until the house is payed off but when we got the house both of r names is on it .now once I pay the bank off and if they put it in my wife’s name instead of mine how do I get the deed just innmy name
You will need to file a new deed at the courthouse. The clerk can give you the proper form. If her name is on the deed now, she will have to sign approving the transfer into your name alone. If she refuses to sign, then you can ask the court to appoint someone to sign on her behalf.
Hello looking for some advice . Am going to file for divorce from my husband. We purchase our home in the marriage. But the problem is am not on the mortgage only him. At the time when we where purchasing the home my credit wasn’t good to be Eligible for loan. Would I be able to get the home since I have primary custody of the child.
It probably won’t make a difference whether you are on the mortgage or not, since to buy him out you’d have to refinance anyway. So what is important is whether you can qualify for a loan. If not, then perhaps you and he can reach an agreement to hold the house jointly with you living there until your child is grown, and you be responsible for the costs of the mortgage, etc.
My ex-husband and I divorced in 2015, in the divorce I was awarded half the property, he still lives
in the home with our grown boys 24 & 28, our names are on the title and now he wants to refinance for a lower payment, I want him to buy me out but cost wise he’s unable to do so, will it be in my best interest to sign the refi and stay on the property?
If he cannot borrow enough to buy you out, and you don’t want to force a sale to get your money, then you’ll have to stay as owner of the property. Signing the refi papers don’t change your position one way or the other, it just lowers his payment.
I am about to be divorced, my wife has almost everything in her name, cars, bank accounts, all the bills are in her name, I have not been able to accumulate any credit because of this, she bought me a truck, in her name, but won’t let me drive it, because it’s in her name, she make almost 3x more than me, we have been married for going on 8 years, she won’t give me any access to the money which my paychecks are directly deposited into, do you think I can get alimony?
In most states, if there is a wide disparity in income, alimony is provided to help the lesser-earning spouse get adjusted to their new life on their own. How much and how long depends on the laws in your state.
What if my Dad have me the money for the down payment on the house?
Plus we almost lost the house in 2008 and I was the one who saved it through keep your home California.
Been in house for 18 years. Kids 14 and 3 still at home
If your father gave you the money for the down payment on your family home, then you may be entitled to reimbursement of those funds as your separate property in a divorce.
MY HUSBAND IS DEAD AND I DIVORCED HIM DO I KEEP THE HOUSE
If he owned the house or a portion of it and he named you as beneficiary in his will, or the house was held in a title that provides for the survivor to receive it, then his portion will go to you. Otherwise, it will go to whomever he named in his will. Check with an attorney to find out what your state provides that might override this rule.
IF I STAB HIM AND BURY HIS BODY CAN I KEEP THE HOUSE
I doubt it. The home will likely be sold, since you won’t have the income to keep up the payments while you are in jail.
I DONT PLAN ON BEING FOUND HIS BODY WILL DISAPPEAR CAN I KEEP THE HOUSE IF HE GOES MISSING
If my husband ex- wife is on deed but in the divorce he got the property and home how can i get re off
If your husband got the property, then it would be his problem as to how to get his ex off the deed, not yours, right?
I want to divorce , we bought the house after married but the house is on his name, he ask me if I want the house or everything inside house , what can I do ? I want to pay the house all the way off at one time but I don’t know how.
You’ll need to find out what the laws of your state say about a home and the personal furnishings in it. In many states both spouses would have an interest in it even though it was acquired in just one name. If that is true where you live, you’ll need to figure out how you can compensate him for his share, and whether you can afford the payments. You say you want to pay off the house, so if you have the funds to do that, then mortgage payments won’t be a consideration for you.
I have been divorce for 7 years and my husband is still living in the house we finance together. How can I get my name off this house; so I can purchase my own home?
You could quit claim the house to him by filing a quit claim deed with the courthouse. But if your name is on the mortgage and that’s what you want your name off of, then he’ll likely have to refinance the home into his name alone. Check with the lender to find out their requirements. But if your divorce decree says he is to get the house and make the payments and he has been doing so for more than a year, a mortgage company will usually disregard the fact that your name is still on the mortgage for the old house when qualifying you to buy a new home.
Question, I was divorced 10 yrs. Ago. A quick deed title was given to me. I was only able to make 4 payments, aft. This, I have been living here 10 yrs. Nobody foreclosed. Now I make payments to the county for back taxes. I don’t feel anymore the 3rd morgage co has stopped contacting me. I had to put a roof on it, and has ceiling damage. Once the county has it, many yrs now, am I still responsible for my exes mortgage. I think it may have been fraudulent, after we refinanced. Any ideas? Thank you
If the house is foreclosed on, and the sales price of the home is not sufficient to meet the amount due on the mortgages, the borrowers on the mortgage may be held responsible for the deficiencies unless the mortgage said it was a non-recourse mortgage.
If my husband moved out and I’ve maintained paying the mortgage for the last two years and I entitled to the amount I’ve paid on the mortgage when figuring out how much he will need to be bought out with?
You’ll need to discuss this with an attorney familiar with the laws of your state. It is possible that the principal portion of your mortgage payments would be credited to you, but an attorney can tell you what the laws of your state provide.
I’m looking to divorce my wife. You think they will allow me to get house and kid since I’m just the father and the house in her name?
In most states, the laws are written to promote the children having a meaningful relationship with both parents, and so it is likely that a child sharing shcedule will be worked out to achieve that. If the house is in her name alone, then it might be that she would be given first option to buy your interest out — it depends on the laws of your state. But often, neither spouse has the financial means to buy the other out and then pay all the costs to keep the house, given that there are two households now to be supported. So in that case, the house would be sold and the proceeds divided.
Well I been paying on my house for three has my ex wife name still on the house with me but she never paid a cent of mortgage but when I decide to sell I have to give her half how is that fair!!
If that is what the two of you agreed to in your divorce agreement, then that is the agreement you made (or what the court ordered) and what you must do. If your home was not addressed in your divorce agreement, then you’ll need to work something out with her or petition the court to rule on the division of an omitted asset.
Hi , I separated about 4 years ago and when I did my ex and I made an agreement where she can keep the house and she wouldn’t put child support on me. I do pay verbally each month but now she wants to put child support. Our divorce just finalized last year around September. Is there anything I can do about the house since that wasn’t the agreement we agreed to ?
Show an attorney the agreement you made and see what they think. In general, your divorce agreement supercedes all prior agreements, but I don’t know if that’s true in your case. And in general, you can’t bargain away child support, since it is support for the children, and not for the parents, so that may be a problem with the prior written agreement as well.