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Should i remove my name from the deed?my ex and i agreed in court to sell the house we own but because of the housing slump we believe that the home won't sale anytime soon. Since the house is vacant he is willing to move back into the home and refinance but he wants me to remove my name from the house without receiving any money from a buyout. We were ordered to split the proceeds 50/50. Iam on title but not on the loan. What should I do? Attorney answers (2)
Reputation Level 15
Answered almost 3 years ago.
Speeding / Traffic Ticket Lawyer in Alexandria, VA.
If you prematurely remove your name from the deed, you will likely have forfeited your leverage for payment and, consequently, may never receive your half share of the sale proceeds as ordered by your divorce court.
Since you are apparently not on the current mortgage, your former spouse should be able to refinance irrespective of whether you are on the deed or not. You should only agree to remove your name form the deed when you receive your 50% share of the proceeds from the sale of the home to which you are legally entitled (in my opinion). Michael E. Hendrickson Attrorney & Counsellor at Law 211 North Union Street Suite 100 Alexandria, Virginia 22314 1 person marked this answer as good
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Reputation Level 6
Answered almost 3 years ago.
Divorce / Separation Lawyer in Washington, DC.
I agree with Michael above, but the answer really depends on what exactly was "agreed" in Court: Court-order sale, mutual agreement to sell with or without time deadline, agreement to sell in exchange for some other asset, etc. Generally speaking, stay on the deed. Your ex should be able to refi without changing the deed, but you may have to sign a waiver of your right to contest repayment the mortgage.
Steve Johnson www.luxlaw.com Related Questions2 Attorney answers: 
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