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removing spouse from home deed

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J

jbiggs2

Guest
how can i get my ex name off the deed of the home we own in order to keep him from being able to just move back in at will?
 


C

cjskids

Guest
I don't know if state law differs on this but in Arizona when my parents got a divorce they had two choices. One, for my mother to qualify for the house on her own and refinance or two, have my father sign a quit claim deed. The only thing a quit claim deed does though is basically state that the person signing has no right to any proceeds should the house sell. They are still held accountable for the payments etc if they become late or not paid and it still shows on their credit as an obligation. Hope this helps a little. What do your divorce papers say about the house?
 
R

Realmom

Guest
A simple quit claim deed signed at the time of the divorce would have resolved your problem. First check with your attorney and see if one was signed and you just happened to not be informed of it. Now the burden is on you to straighten this out if it turns out that there was definately no quit claim deed. This is my suggestion. In the meantime ... if the ex shows up have a restraining order filed to keep him away from you if he begins to come to the house uninvited. I hope you have had the locks changed already if its possible that he could still just show up and enter the house. Next, After a quit claim deed is signed... if there is a mortgage on the house which he signed on..
he will still be liable to pay if you default even if his name is no longer on the deed due to a quit claim once you get one. Although the court should have established
who would continue to make payments at the time the divorce was final.
If there is equity involved in resolving this issue then you may have to go back to court if it was not addressed in the divorce. Your attorney should have taken care of this issue for you.
Standardly it should have been addressed. I would be real upset with my attorney if this happened to me. I urge you to get this straightened out as soon as possible. Make a call to your attorney today and good luck.
 

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