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Steps to Change house title after a divorce when a VA loan is involved?

I was married to a Soldier. We used his VA certificate to buy our house. We got divorced; and I was awarded the house. I have being trying to change the title of the house to my name, but the bank said they can't do it without the VA approval. I contacted the VA office and they said that my ex-husband must initiate the process to release him, so I can assume the loan. They told me that he needs to do a quitclaim deed. I have being trying to get him to do it; but so far I have no being able to obtain any documents from him. What other steps I need to take in order to have the title of the house in my name. I have being the one paying the mortgage.

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Attorney answers (1)

Reputation Level 20
Welcome to the world of the military where nothing ever makes sense to people outside of the service.
If you have a court order stating you own the house, then you simply file a notice to enforce litigant's rights to have the ex obey the order. Include a request to arrest him for contempt of court for failing to obey a court order. (Even though the court rarely does it, it certainly wakes the other person up to the fact that disobeying court orders is a serious matter). Your concern is to get title to the house. Now if the Lender will allow you to contain the mortgage after the quitclaim is filed is uncertain, and you need to know that before you have the quitclaim filed, since the Loan in your name only may need to be refinanced. It is not a bad thing to have him stay on the mortgage since he is still responsible for paying it even if he no longer owns the house, but that is not an ethical procedure.
You might find my legal guide on selecting and hiring a lawyer helpful.
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(Even if you are not filing a lawsuit this information can be useful).

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You might find Gabriel Cheong’s legal guide on the do and don’t of finances after a divorce helpful.
You might find my legal guide on divorce in general and in NJ helpful.
(Much of this information is valid for unmarrieds who have children together).

LEGAL DISCLAIMER
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information.
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