Mortgage/Quit Claim DeedUpon my signing of our divorce papers I was urged to sign a quit claim deed. I was told this would free me of the house.

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Mortgage/Quit Claim DeedUpon my signing of our divorce papers I was urged to sign a quit claim deed. I was told this would free me of the house.

My question is this; the mortgage was in both our names although I was unemployed at the time. I signed the divorce papers along with the Quit Claim Deed which on paper shows my ex-husband is responsible for it. He has no let it go into foreclosure. How can I get my name off of this and free up my credit?

Asked on June 2, 2009 under Family Law, Indiana

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am not quite sure in what context you signed the house over to him and whether or not you were compensated for your interest. However a quitclaim deed is an deed in which you make no promises as to the issue of title on the property and he takes the property subject to any liens on the premises. However as to the mortgage, you are still responsible to the mortgage company for your share. Without an agreement in your divorce to the contrary there is little you can do to rectify this situation. What may be the only thing to be done is for you to file a post-divorce motion in the court where the divorce was granted to have your husband immediately take steps to remove you from the mortgage or force a sale. Depending on the wording of the agreement, and the specific laws in your state, you may have even waived this right. I suggest you seek a consult with a divorrce attorney in your area to see if you are barred from seeking this modification.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'm guessing that you didn't have a divorce lawyer -- and maybe your ex-husband did.  While the laws of the states vary somewhat, and I'm not an Indiana lawyer, I doubt very much that any divorce lawyer, anywhere, would advise you to sign a quitclaim deed until and unless your name was off the mortgage, and in a situation where the other party is getting the house, I'd insist that there be a deadline for the mortgage change (usually done by refinancing) with the house to be sold if it wasn't done.

Now, I don't know what, if anything, can be done about this.  There may be some facts that you haven't mentioned that might help.  I'd recommend talking to an attorney in your area, for advice you can rely on.  One place to find a qualified lawyer is http://attorneypages.com


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