How do I get my ex wife off the mortgage?

How do I get my ex wife off the mortgage?

You usually do this by filing a quitclaim deed, in which your ex-spouse gives up all rights to the property. Your ex should sign the quitclaim deed in front of a notary. One this document is notarized, you file it with the county. This publicly removes the former partner’s name from the property deed and the mortgage.

Does my ex husband have to pay half the mortgage?

Does My Ex-Partner Still Have to Pay the Mortgage? You’re equally liable for the mortgage, even if the loan is based on one party’s income or one of you moves out. Your lender can pursue both of you either jointly or individually for the payment – plus any costs, legal fees or loss made upon any possible repossession.

Can husband stop paying mortgage during divorce?

Late payments or missed payments will appear on both your credit reports. Once a divorce is finalized, the partner keeping the house transfers the loan to his/her name. To separate a mortgage, he/she will have to refinance. But whether out of malice or financial struggle, he stops making those payments.

What happens if I can’t refinance after divorce?

If you’re not willing or able to sell or refinance your home, your other choice is to keep the home and the mortgage intact. Both parties remain on the loan and liable for the payment. This requires specific language in the divorce agreement about who will make the mortgage payments each month.

Can I sue my ex wife for not paying the mortgage?

If the decree states that she is responsible for the mortgage, then your recourse is to bring a contempt action against her and have the judge order payment. If she cannot afford to make the payments, then you should request that the judge order the sale of the marital home.

What are my rights if I leave the marital home?

The Family Law Act 1996 also grants the following home rights: The right to stay in your home unless a court order excludes it. The right to ask the court to enable you to return to your home (if you have moved out) The right to know of any repossession action taken out by your mortgage lender.

Can my wife ask me to leave the house?

You do not have to move out just because your spouse tells you that he/she wants you to leave. Both parties have a right to stay in the home. No one can force you to leave your residence without a court order unless there is domestic violence.