Legal Question in Real Estate Law in Michigan

Mortgage

I own a home with my ex-husband. Is there any way to remove my name (and legal obligation) from the mortgage and deed? I have no problem giving up my share of the equity (it has been on the market for 2 1/2 years) and he doesn't mind taking it all over.


Asked on 11/12/08, 2:23 pm

2 Answers from Attorneys

Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Mortgage

The only way you can get off the loan is if your ex refinances. Banks don't tend to just let someone get removed from a loan without a refinance. Problem is, your ex might not necessarily qualify for a refinance at present. But you don't want to be removed from the deed until you are no longer liable for the mortgage.

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Answered on 11/17/08, 12:56 am
Renee Walsh LawRefs Nonprofit

Re: Mortgage

There is a way to get your name off the deed, but I would not do that unless you were first released from the mortgage. If you were not released from the mortgage and you signed off on the deed, you could still be financially responsible for the house, without title to it. In order for you to be released from the mortgage, you husband would have to refinance the property in his name alone. You could then sign a Quit Claim Deed transferring your interest to your husband.

If you have further questions or concerns, or would like me to assist you in preparation of the Quit Claim Deed, please do not hesitate to contact me via my website at www.lawrefs.com.

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Answered on 11/12/08, 2:52 pm


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