mortgage/divorce

[LCM]

What is the name of your state? I live in IN. If the judge awards me the house in a property settlement and both my ex-husband's and my name are on the mortgage it is my understanding that I can't remove his name from the mortgage unless I refinance it? Is that correct? Also, if I continue to live in the house and keep making the payments, if I want to sell the house in the future can my husband step in and buy or take over payments since his name is still on the mortgage if I haven't refinanced?

 

[HomeGuru]

What is the name of your state? I live in IN. If the judge awards me the house in a property settlement and both my ex-husband's and my name are on the mortgage it is my understanding that I can't remove his name from the mortgage unless I refinance it? Is that correct?

**A: Correct.
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Also, if I continue to live in the house and keep making the payments, if I want to sell the house in the future can my husband step in and buy or take over payments since his name is still on the mortgage if I haven't refinanced?

**A:no because you were already awarded the property in the divorce. He can step in if you default on the mortgage and/or your obligation to refinance, maintain the property by paying real property taxes, insurance etc.

 

[LCM]

Quick Claim deed - re:mortage divorce

IN. Can a judge order that he sign a quick claim deed over to me to remove his name from the title?

 

[HomeGuru]

Re: Quick Claim deed - re:mortage divorce

IN. Can a judge order that he sign a quick claim deed over to me to remove his name from the title?

**A: yes but it would only be fair for him to sign the deed at the time you refi and take him off the mortgage.