question about quit claim deed

[twosaturns2002]

What is the name of your state?Texas
Two weeks ago, I came home from work and discovered the ex had packed all his clothes and left. We lived together for 10 yrs and bought a house together 8 yrs ago...both our names on the mortgage. I am postivie his family will be pressuring him to "sell the house and split the money" which I do NOT want to do. I know he can force me to sell, but we took out a home equity loan last year and my understanding is that the house can NOT be sold until that is paid off.....my question is, what if I can get him to sign the house over to me with a quit claim? Won't that get his name off the mortgage and make the house mine? He has paid this month's mortgage, but I'm sure he won't be making many more payments on a house he's not living in so I'd like to get this resolved as soon as possible. Thanks for any advice.

[HomeGuru]

Originally Posted by twosaturns2002

What is the name of your state?Texas
Two weeks ago, I came home from work and discovered the ex had packed all his clothes and left. We lived together for 10 yrs and bought a house together 8 yrs ago...both our names on the mortgage. I am postivie his family will be pressuring him to "sell the house and split the money" which I do NOT want to do. I know he can force me to sell, but we took out a home equity loan last year and my understanding is that the house can NOT be sold until that is paid off


**A: huh? Who told you that? The property can be sold at anytime, home equity loan or not. And especially if the court adjudicates a sale via partition action.
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.....my question is, what if I can get him to sign the house over to me with a quit claim? Won't that get his name off the mortgage and make the house mine?


**A: of course not, since a quit claim deed and a mortgage are 2 totally different animals.
*********
He has paid this month's mortgage, but I'm sure he won't be making many more payments on a house he's not living in so I'd like to get this resolved as soon as possible. Thanks for any advice.

**A: you need to seek legal counsel like yesterday.

[twosaturns2002]

For the record, I called the bank that issued the home equity loan and they are the ones who told me the house could not be sold with a lien on it. And it was on this very site that I read about quit claims and refinancing the house in my name only. Since I seem to be getting conflicting info I guess a lawyer is my only alternative.

[HomeGuru]

Originally Posted by twosaturns2002

For the record, I called the bank that issued the home equity loan and they are the ones who told me the house could not be sold with a lien on it. And it was on this very site that I read about quit claims and refinancing the house in my name only. Since I seem to be getting conflicting info I guess a lawyer is my only alternative.

**A: the HELOC gets paid off when the property sells. I hope that clears things up.