Legal Question in Real Estate Law in Ohio

DIVORCE, DEEDS and RESPONSIBILITY FOR PAYMENTS

PLEASE help me ASAP, on Monday I have to deal with this. I divorced in 1992, no legal representation. The divorce decree I signed stated that the house would go to my ex-wife. I thought at the time all was done. Now because I need a loan i find out I still own this house, that my name is still on the monthly mortgage payment, and since my ex is 3 months behind, I am now responsible. I just want off of the deed. My ex wants me off of the deed. So on Monday I am meeting her in Ohio with my wife (we assume she needs to sign too) to get my name off of the deed. That is all fine. However, the point is also to get my name of off the FHA loan. My ex has papers to do so, but she claims FHA said the first step was getting my name off the deed. My concern is this: What if I sign the house over to her, but what if she does nothing to remove my name from the financing, am I still responsible for the payments and this affecting my credit, or what if she can not get her own financing, or show financial responsibility, will my name still be tied to this property...in other words am I giving up my share of the house but can still be held financially responsible? I have to get my refinancing through soon...and this is holding everything up.


Asked on 12/05/03, 6:23 pm

1 Answer from Attorneys

Gerald Hershenson Law Office of Gerald M. Hershenson

Re: DIVORCE, DEEDS and RESPONSIBILITY FOR PAYMENTS

You entire matter must be reviewed in detail. I suggest you consult a lawyer. Do not sign the deed unless it is part of a refinancing or a sale. The mortgage company will not release you even if you sign the deed. Do not do anything without the advice of a lawyer. You made one mistake, please do not make a second one. Remember signing the deed will not solve the problem. You credit will be ruined if this continues. If I can be of any help let me know. Gerald Hershenson 215-579-9390

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Answered on 12/06/03, 6:39 pm


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