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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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  #1  
Old 09-22-2019, 02:39 PM
Frostrated Frostrated is offline
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Default Anyone know about real estate in divorce?

So far, my ex has said he's a "man of his word" and plans on giving up his interest in the house. My lawyer has drafted a fairly fill in the blank agreement with only changes to say that my ex will sign over his rights to the house and I will work quickly to get him off the deed and mortgage. Once he signs the agreement, how do I go about getting him off the deed? When I called a real estate lawyer, he said they don't do that and it has be done through a separation agreement. I'm confused.
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Old 09-22-2019, 03:04 PM
rockscan rockscan is offline
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I believe its done through the land registry office. You may want to call your local one. Or a real estate lawyer may help.

You have to have him off the mortgage first and you may need an agreement to prove you are legally separated.
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Old 09-22-2019, 04:12 PM
tilt tilt is offline
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My real estate lawyer had us sign a document transferring joint ownership to my sole ownership when I put the mortgage solely in my name. No separation agreement was needed. The document was a standard contract called “Transfer” that I have used in every real estate transaction I have had. Call another real estate lawyer?
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Old 09-22-2019, 04:32 PM
standing on the sidelines standing on the sidelines is offline
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first you need to get the mortgage sorted out first. Once you are approved for the mortgage then you can get the transfer sorted out.
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Old 09-23-2019, 05:35 PM
Frostrated Frostrated is offline
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This is why I'm so confused. The bank has said that they cannot do anything about removing his name from the mortgage without a separation agreement. Everyone says the other has to go first. Frankly, I'm scared to take him off the mortgage before he signs something getting off the deed. I can see him removing himself off the mortgage but then refusing to sign off on the deed.
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Old 09-23-2019, 05:42 PM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by Frostrated View Post
This is why I'm so confused. The bank has said that they cannot do anything about removing his name from the mortgage without a separation agreement. Everyone says the other has to go first. Frankly, I'm scared to take him off the mortgage before he signs something getting off the deed. I can see him removing himself off the mortgage but then refusing to sign off on the deed.
I had to prove to the bank that I did not owe any money to my ex..other then the house buyout. Then they approved the mortgage. My lawyer held the money in trust until my ex signed the quit claim at least I think that is what it was called. Once my lawyer had that she released the money to him and dealth with getting his name off the property.

I hope that helps.
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