A friend got divorced a year ago, the deed has both her and her ex names, but the loan is on her Ex name alone (VA loan).
she is still living in the house and pay the mortgage monthly on his behalf, plus she rents 2 rooms that help her to pay the mortgage.
Now he's taking her to the court to decide regarding the house.
if she wants to move out the house, can she remove her name from the deed and just move out? or is there any legal consequences? is she responsible about the house in anyway ? And how to remove her name from the dead? Can he sue her in anyway regarding the house ? " especially as she is still living in the house, paying the mortgage, and renting rooms!!!"
Thanks in advance
Because the house is marital property, and because the house apparently was not dealt with in the divorce case, he likely has no legitimate basis on which to sue. Property division in a divorce case is not modifiable. It must have been that they resolved the divorce with a settlement agreement, and as such they both explicitly agreed to the terms of the deal they made, which would make it difficult for either party to move to set aside the divorce order. As Mr. Gottlieb points out, she has no liability to the mortgage because it is only in his name. But she does have equal ownership of the property because she is on the deed. If they can make an agreement to do one thing or another about it, it can happen. Can she refinance the loan in her own name, without closing cost? First, she would have to qualify for the mortgage based on her own income and credit score, if she can do that, then it may be possible to have a no cost refinance, but that is up to the lender.
First, she should be speaking with her divorce attorney. What does her divorce decree say? But, if there's equity in the home why would she just give it up? She's not on the loan, so she has no real exposure. Does the ex wans to sell the home? Does she want to sell?
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