My husband and I are separated, He wants to sign the house over to me (mortgage and deeds)what do I need to do?
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My husband and I are separated, He wants to sign the house over to me (mortgage and deeds)what do I need to do?
 
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K B
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I think you'll find that unless the house is owned outright (i.e. no mortgage) then its a bit more complicated than that. Assuming you have a mortgage in joint names then the lender needs to agree to this happening, which means you have to apply for a new mortgage in your own right.
Assuming that is all okay then you will need to have a solicitor draw up an agreement and it will need to go before a Court to be legally binding. You can do this just with one solicitor, but you would be wise to each have your own solicitor who will check over the paperwork for you and tell you the full implications of what you are proposing to agree to before you sign. |
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galvanic_fantasy
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I'd suggest speaking to a lawyer, but in some states all he has to do is sign a quit claim deed to relinquish his claim to the house - but it has to be done properly and filed with the court in some cases.
However, the mortgage company doesn't have to release him from his obligation to pay the mortgage - and it's pretty much guaranteed they won't. For that, you'd have to refinance the house in your name only to pay off the old mortgage. |
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cream_10451
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Take the house .He just left you with a future investment for your retirement. |
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Cornish Granny
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In the UK the decision is with the mortgage lender. If you do not have the income to keep up with the monthly payments they will not agree. You both need to go to the Lenders and take advice from them. |
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Cheeky Monkey
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I wouldn't go along with ANY of his suggestions without speaking to a lawyer first.
And if you make it a female lawyer, so much the better because it will scare the pants off him. |
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MommyOf2
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Don't sign anything until you talk to a lawyer. You also need to consider if you will have any problems making the mortgage payment by yourself. Separation and divorce can be a very vulnerable time for people so make sure you both have an outside party to look at things (lawyer). I wish you the best. |
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dsins7
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GET A LAWYER |
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Patricia
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Seek the advice of an attorney. Sign nothing until you have it on the advice of your attorney.
If you make a mistake with this it could cost you dearly later on.
Good luck to you. |
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****
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He needs to get a lawyer to do that, you could get just one lawyer to act for you both which will keep costs down, if you are still on friendly terms. |
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gina
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Does your husband know that even if he signs the deed over to you that he is still obligated to repay the mortgage payments? Mortgage companies don't care who your husband signs over the deed to, he could deed it to Mickey or Minnie mouse, they only care about who signed for the loan. |
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Well i Never!
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DONT sign anything yet, go see a solicitor and the bank/society you have the mortgage with. |
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klarakane2008
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get info from your soliciter |
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Dark Serenity
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You'll be wanting a lawyer, sweety. |
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