Quit Claim Deed/Mortgage
My husband and I bought a house last year with MY money. After the purchase we decided to separate and I asked him to sign a Quit Claim Deed for the house since it was my money that we used. He signed it. We are now getting a divorce and here is the question. How do I get his name off the mortgage without having to refinance? Please advice. Thanks.
Re: Quit Claim Deed/Mortgage
Dear Madam:
This is in response to your email of May 11, 2001, which was received by this office on June 21, 2001.
To remove your husband’s name from the mortgage there are generally three choices: 1) sell the house, 2) refinance the house, or 3) in some cases your mortgage company will transfer the mortgage with its present terms to you for a fee. You could also keep your husband’s name on the mortgage and continue making your payments until a future date when refinancing may be appropriate or you sell the house. The fact that your husband’s name is on the mortgage does not give any ownership rights as you have a deed that indicates you are the sole owner of the home.
Sincerely,
Michael D. Eberth
(313) 561-5700
Eberth@MichiganAttorney.com
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