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Name on financing, not on house papers

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jennerina

Member
What is the name of your state? North Carolina


Hi, I am in North carolina. My husband and I split up 3 years ago and the divorce is not yet final. (long story) We did have a day in court and our house was in our names. Now supposedly the house is in just his name. The judge just signed for it to be in his name and his name only. I didn't have to sign anything.

The bank loan however, is still in mine and his name. I called the bank and they said that the only way I can have my name removed from the loan is if it is refinanced, however we both filed bankruptcy seperately after we split. The ol' hubby since then has been late 4-5 times on house payments. Late by over 30 -60 days on a couple.

How can the judge sign to remove my name from papers of ownership of the house, but not allow for removal of my name from the financial documents?

Thank you, Jennifer
 


HomeGuru

Senior Member
jennerina said:
What is the name of your state? North Carolina


Hi, I am in North carolina. My husband and I split up 3 years ago and the divorce is not yet final. (long story) We did have a day in court and our house was in our names. Now supposedly the house is in just his name. The judge just signed for it to be in his name and his name only. I didn't have to sign anything.

The bank loan however, is still in mine and his name. I called the bank and they said that the only way I can have my name removed from the loan is if it is refinanced, however we both filed bankruptcy seperately after we split. The ol' hubby since then has been late 4-5 times on house payments. Late by over 30 -60 days on a couple.

How can the judge sign to remove my name from papers of ownership of the house, but not allow for removal of my name from the financial documents?

Thank you, Jennifer
**A: hey Jen, guess what? If your story is true and nothing else was done ie. you did not sign a quit claim deed), then the property is still in your name. A divorce decree is NOT an instrument that would transfer interest in real property. Get a divorce attorney and file to have the property sold within a short time frame before your credit gets worse.
 
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jennerina

Member
Hi there,

Thank you for your response. All is true. When we went to court, I had a legal aid attorney that was basically "fired" on the spot. I had one attorney from that office that transferred to a job at a local college, so then this new lady came in throwing around accusations and showed herself (not on my side in the courtroom) so I told the judge with the "new" attorney, I need time to find adequate representation. The judge said "I think she's doing a good job"...anyway, to make a very long story short....When the judge said what she did about the property distribution and deciding my legal aid attorney "was doing a good job"...I simply walked out of the courtroom.

Supposedly, as per my hubby, the house is now in his name only. That the judge had signed the papers to make that adjustment. And you know the rest about the mortgage etc.

My problem is, getting a lawyer. Obviously I was with Legal Aid before I cannot afford an attorney. We are still married, I thought the house was still in my name, but apparently nothing ever came from that day in court. Other than, according to the hubby, the house is only in his name. I got the poopy end of the stick throughout all of this anyway.

Can I go downtown and find whether or not this is true? How would I find out if the house is still in my name? I deeply appreciate your help. With the divorce being final, would that settle everything?

Thank you, Jennifer
 

BelizeBreeze

Senior Member
jennerina said:
Hi there,

Thank you for your response. All is true. When we went to court, I had a legal aid attorney that was basically "fired" on the spot. I had one attorney from that office that transferred to a job at a local college, so then this new lady came in throwing around accusations and showed herself (not on my side in the courtroom) so I told the judge with the "new" attorney, I need time to find adequate representation. The judge said "I think she's doing a good job"...anyway, to make a very long story short....When the judge said what she did about the property distribution and deciding my legal aid attorney "was doing a good job"...I simply walked out of the courtroom.

Supposedly, as per my hubby, the house is now in his name only. That the judge had signed the papers to make that adjustment. And you know the rest about the mortgage etc.

My problem is, getting a lawyer. Obviously I was with Legal Aid before I cannot afford an attorney. We are still married, I thought the house was still in my name, but apparently nothing ever came from that day in court. Other than, according to the hubby, the house is only in his name. I got the poopy end of the stick throughout all of this anyway.

Can I go downtown and find whether or not this is true? How would I find out if the house is still in my name? I deeply appreciate your help. With the divorce being final, would that settle everything?

Thank you, Jennifer
Go first thing Monday Morning to a REAL ESTATE attorney to file Partition for sale with costs taxed to defendent. Don't worry about knowning wha tit means. Just do it.
 

jennerina

Member
Me again....how would I have the house sold, when he is living in it? If indeed the house is only in his name....what then?

The important part, finding that the house is still in my name...how can I have it sold? Would he have to find a way to have it re-financed in order to keep it? I know nothing about any of this....I'm ready to pull my hair out. (close anyway) :)

thank you, Jennifer
 

jennerina

Member
Will do, thank you greatly!! I'm not sure exactly what I'm doing here, sure makes me wish I had gone to law school. :)

Thank you kindly!
Jennifer
 

BelizeBreeze

Senior Member
jennerina said:
Me again....how would I have the house sold, when he is living in it? If indeed the house is only in his name....what then?

The important part, finding that the house is still in my name...how can I have it sold? Would he have to find a way to have it re-financed in order to keep it? I know nothing about any of this....I'm ready to pull my hair out. (close anyway) :)

thank you, Jennifer
Did you sign a quit-claim deed? No? then it's not in HIS NAME only.

get it?
 

jennerina

Member
with all the pigeons??? I'm dumb, please...what does that mean?


And No, I never signed anything. I'll certainly find out something on Monday.
 

BelizeBreeze

Senior Member
There is no STATUE of limitations. There is a statue of Lincoln in Washington D.C., one of Andrew Jackson in Nashville, Tn. and even one of Simon Bolivar in Bolivia City but no statue of limitations.

There IS however, a STATUTE of limitations. It doesn't apply to your situation. ;)
 

jennerina

Member
ok, I'm back again. More questions...I just pulled up the Cumberland County, NC Property tax search page.

The tax thingie shows it is listed in his name only. Whether that means just the taxes or what I don't know. This is shown....

Sale History Data:
Deed Book Deed Page Sale Date Sale Price
06342 00018 11/13/2003 0.00
05261 00620 04/24/2000 0.00

2000 is when we purchased the house...and 2003 would have been when we went to court. I know I never signed anything. So how would this be possible? Hubby SWEARS the judge signed it over to him. I don't know...
 

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