Legal Question in Family Law in Maine

Giving me the house

My husband & I are starting a divorce. Both of our names are on the house & mortgage. Is there a way to get his name off the mortgage & title, deed,etc. & have it just in my name. We are both aggreable on this.


Asked on 1/09/06, 10:40 am

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Re: Giving me the house

Although you both may agree, the mortgage company likely will not agree. It is in their interest to keep both of you responsible for the loan. The usual solution is for you to refinance, and if necessary, find someone else like another family member to co-sign. It may also be possible for you to agree that the deed will be changed to just one party, and the other will stay on the mortgage subject to an indemnification provision in the Divorce Judgment. Feel free to contact me further for legal representation or assistance in obtaining a mortgage broker who is comfortable and experienced with such a situation.

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Answered on 1/09/06, 10:57 am


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