My husband and I are in the process of getting divorced. During the marriage, we bought a house together and are both on the mortgage and deed. I know I can sign a quit claim and file that but that does not remove me from the mortgage. He has the house but is in no position to refinance the mortgage to remove my name. I do not want the house.
Family Law Attorney
There is nothing you can do - you've answered your own question. If your soon-to-be-ex cannot obtain a mortgage in his own name, then you're stuck being on the existing mortgage until he can. The bank isn't going to take your name off it, and the divorce court has no authority to make them do so.
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Divorce / Separation Lawyer
Occasionally, a bank will agree to remove one party's name for a fee, but that is very rare and completely up to the lending institution. Most likely, the only way to remove your name from the mortgage is to either sell or refinance the house. And, it is advisable to NOT sign the Quit Claim until such time as your name is being removed from the mortgage. Otherwise, you could still end up responsible for the mortgage, but have no interest in the actual real estate.
Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.