What to do if a wife got the house quitclaim to her after the divorce but the bank kept her ex-husband’s name on mortgage and now she wants to sell?

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What to do if a wife got the house quitclaim to her after the divorce but the bank kept her ex-husband’s name on mortgage and now she wants to sell?

Asked on March 2, 2012 under Family Law, Montana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You need to know this is quite common and the lender does not have to meet the court's order because it had nothing to do with the note. The deed and the note are two different items and just because the court ordered your wife to have the house in her name alone, it may not have ordered her to refinance the loan out of your name and into hers alone. At this point, if your wife wishes to sell the home, it is still subject to the loan and your obligations under that loan. Therefore, you need to meet with your ex wife directly or through counsel and get this matter resolved or your need to file a motion in court that will require her to refinance the home into her name alone before plans for selling are complete.


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