My ex-husband and I have a home in both our names. I need to file a quick claims form to remove myself from the house per our divorce settlement. However due to his financial situation he is not able to refinance to take me off the loan. Now he wants me to sign a loan modification on the home so he can get a new principle balance, term and interest rate. I am now remarried and the bank is asking for my new marriage license as proof of name change. If I give them my marriage license and sign does this now become a debt I incurred during my new marriage and therefore make my new husband financially responsible for my ex husbands debt?
2 Answers from Attorneys
No, but assuming you were on the initial loan you are still liable so it may or may not help to refinance at this point. There is no such thing as a "quick claims form" but why would you make the horrible move to give up ownership of property and still be liable for the whole debt? That would make no sense (though obviously we don't know what you have been ordered to do in the divorce). It seems that like many people a combination of poor planning in the divorce case, coupled with drops in property values, have left you in a bad place. While your new husband won't be liable for the debt, the reality is that the debts of one spouse almost always affect the entire household, so it is extremely important that you get good advice before you sign anything.
You need a lawyer. There is NO such thing as a "quick claims form" and since you made one dangerous mistake already, staying on a loan and transferring property, do not repeat it by making another and obligating yourself on his modification, without meeting with a lawyer.
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