ShouldI put my name on a deed with my wife,ifI am going through a divorce?

My soon to be ex-wife is moving to KY. She is buying a house and the lender said that because we are still married my name has to be on the deed but not the mortgage. So she needs to have me sign some paper to be put on the deed and when the divorce is final they will take my name off. Does this sound right to you and will it hurt me later?

Asked on July 18, 2010 under Real Estate Law, Colorado


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, it does not really sound right if you have formally filed for divorce or have a legal separation agreement.  Being on the mortgage and not on the deed is really the scenario that can hurt you most but both can cause you grief and hurt your credit.  The day you signed the separation agreement or one of you filed the court papers you were permitted to act on your own again as individually (assuming the separation agreement so stated but a good one always does).  Tell you soon to be ex that she should check with ana ttorney in Kentucky to be sure. Or ask for "why" in writing from the lender and seek legal help when you get it. Good luck.

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