Should I be out of a mortgage deed before or after a divorce?
79350
Before.  Sell it for a $1 to your father.
376395
Yes, I beleive that this is called 'Deed in lieu' to foreclosure.\n\nYou do not want the bank to foreclose, because that will kill your credit.  Why not just sell the property and walk away...
1136030
Yankee has it right.  Regardless of who is on title, the original Trustors (the people who took out the loan) will remain the same and will still be liable for the loan.\n\nYou can, however, as a long shot, ask the bank to do a modification of the Deed of Trust and take you're ex's name off.  It's rare they'll do that though.  They'd rather make money on having you refi.
138738
Seek court costs and interest.\n\nI made a mistake in my divorce and thought I had 6 months to sell or refi the home.  I only had 60 days.\n\nI had to pay my ex-wife a small amount of interest plus court costs on the $7K I had to give her from the home.\n\nSo the court can award interest, on top of what she owes if she continues to be late.\n\nIt doesn't hurt to ask the court to pay you for her mistakes.\n\nHTH
671419
I think it may depend on what state you live in and if kids are in the picture.My ex just took a few things and she was gone,which was her choice.I had to refiance in my name only and she had to sign off.Sometimes whoever wants the house may have to buy the other halves part from them.I guess all in all.... depends on your states laws...
924239
Consider this alternative which is a three step procedure.\nIt is absolutely normal for a couple to sell one house and consider this option.\nStep 1  : Sell the house. Get whatever you can after you've paid off your mortgage. If you're thinking there isn't going to be any left for keeps, don't sweat it. Just settle this 'giant problem' first.\n\nStep 2 : This is the simpler part. Since it is apparent that it is generally easier to buy than to sell, you might consider lease-purchase option. Which means, when you move to your new location, it may not be a purchase straight away. Later if you decide this new home is really for you, then you can exercise your option to purchase by entering into a Sales & Purchase Agreement.\n\nStep 3 : If you decide NOT to buy, then your lease, maybe 5 years can be made into a very comfortable setting, the money which most people use up paying for mortgage facilities can be channeled into having all the gadgets you require to enjoy a  refined  quality of  life.\n\nOptional Step 4 : While you're enjoying Step 3, Save your money within these 5 years and invest in a smaller house, not for you stay in yourself, but to rent it and sell it for profits. Try not to take a loan. Invest in smaller a property because you can re-sell it faster. The idea is to have best of both worlds: one way you refine your lifestyle as in Step 3, and the other to purchase/invest into something which will snowball in value, without having to pay for mortgage services that eat into your savings. \n\nThe above is is truly the easy way, taken into consideration  all the mistakes I have made in properties and, learning from them.
5168
NO...the US Supreme Court ruled several years ago that the prior assets and current income of a parent's spouse (In this case, you) cannot be presumed to be available for the purposes of child support or spousal support, even in states where all income is otherwise considered to be community property and all debts considered to be joint obligations...that means you are not legally on the hook for his kids and his ex wife can't try to get your house...in a nutshell.\nIf you two marry and he stops working or something, they can haul his tail to prison if they have cause to believe that he's willfully avoiding his obligation, but your paycheck cannot be considered in deciding or fulfilling his support order.\nYou will want to consult an attorney specialising in family law about specifics such as whether you should file your taxes jointly or seperately, how a jointly purchased home should be deeded and to draw up a prenuptual agreement about any inheritance you may recieve in the future and MAKE OUT A WILL....Both of you.\n(the Supreme Court ruling left some confusion about the distribution of assets aquired by one party but within the marriage)
200714
The court's have contingencies for most problems....but it would be worth your time to talk to an attorney.  You may be able to petition the family law judge for a specific order authorizing you to transfer title to the home and sell the property without her signature.  Do it right the first time....it could be a legal nightmare if you sell the property without proper legal authority.
383890
I am truly sorry there is no easy answer for this.  As difficult as it may sound,  ask your soon to be ex for help or to end the divorce quickly.  As long as you are still married lenders still consider debts to be jointly held.  Your pending divorce will scare them.  If nothing else,  get away form the jerk you are with.  I know from experince that abuse, even if only witnessed, is more devestating to children than poverty.
944186
Laws governing property and spousal rights vary widely from one state to the next. Go see a lawyer. Initial consultations are usually free.\n\nWith that said, in many states it doesn't much matter whose name is on the mortgage. Assets acquired while a couple is married are generally considered to be jointly held. And so, a wife who moves out nonetheless has a property interest in the house whether she co-signed the mortgage or not. The same is true for any other property and investments.\n\nIt will behoove you (especially if there are children involved) to not be guided by what any of the folks here are saying (including myself). Call a local lawyer who will help you to keep a share of what is rightfully half yours.
690646
Immediately notify the company or bank that holds the mortgage. Let them know your situation, and ask them if they can give you any type of grace period, or even work out smaller payments, just to keep your credit on the up and up. After 30 years of marriage, you are entitled to half of the assets. Do you have any income of your own? Contact a lawyer-ask around, and take others advice on who to see. Usually the first meeting is free, and it will give you the direction you need. Its your home too, and you have to act fast, if youre going to fight. Good luck to you.
821069
For now, all I think that you can do is RENT the HOUSE. At least rent it out for the mortgage payment. Call the Real Estate Agent,and tell him. See what your "contract" allows. There are some Real Estate Companies that offer to buy the house if they can't sell it in 3-months! At least we have that in Canada. Make sure that when things settle down, that you take legal action against your EX - in Civil Court. There are many Lawyers that will take your case, and not Charge you until the end result! Look into that. I am so sorry about what happened to your little girl. Are you getting some help for her? I hope so. I bet your kicking yourself, once again I tell young people, to go slow, in relationships, especially where there are children involved. One Never Knows. Possibly, you could speak to your bank and see about "bridge financing" - if you qualify, the Mortgage would be paid, through Bridge Financing, and when the House is sold, the Mortgage Company gets their money first. The Lawyer, who closed, all costs, and the leftovers (if there is any) go to you. That is about  as much as I know you could try. Good Luck, and God Keep you and your Children SAFE. Maybe I am the first, Merry Christmas, and a Happy and Prosperous New Year.
61060
It depends on where you live.  Most states have pre-printed forms for most of the divorce process.  You should also look for free or low-cost legal assistance in your area if you can't afford an attorney.
560221
you must have a survey on the part you wish to deed to them. Have that recorded in the court house. Then it will be given a leagal discription. If the land has any mortgage on it at this time you must get a partial release from the current lender. Once all of this is done you can quit claim the property or sell it to them. A title conpany can do all the paper work and filing for you. You have to get the survey yourself.
496256
Unfortunately, he can file bankruptcy, which just makes it harder for you to collect. You did mention for "us" to qualify  for a loan on our new house... I'm assuming this means you both own this house together (BOTH of your names are on the title)? If this is the case, you can go to court, and sue him for your half of the equity in the house (and the original downpayment plus attorney's fees) - this may require him to sell the house (which he can't legally do without your signature if your name is also on the title also). While the money you used to pay off your ex's vehicle and travel trailer might be gone (but not necessarily), at least you might be able to recover your loss suffered in the mortgage loan. Good luck!
20271
Well, if the house still has a mortgage, you will only own the part that is already paid.  Say, the house is worth 300k, but there is only 200k left on the mortgage.  You will only own the 100k that was already paid for.  However, before you jump on it, you will still be liable for everything that comes with the house.  All, the liens, pending cases, all taxes, all settlements that are currently being paid, all workers that have worked on the house but have not been paid yet, etc etc.  So, after you do the paperworks and assume the position of the new owner, everything related to the house is yours.  I dont see a problem, but do consult a lawyer to have him dig up everything on the house.  I mean, if its left to you, you will not  be liable for anything against the house unless your name is on the deed.  Because someone leaves something to you and now you owe because someone is suing the owner of the house for 2 million.  How is that fair?  But, check up on it, and after everything is fine, you can take possession.
318415
What they are doing is completely legal.  Who issued you a deed in 2002?  That is the person you must go to now to get the check endorsed.  Once this is done and the house repaired, I recommend that you either ask the lender to let you assume the current mortgage (not likely to happen) or refinance the mortgage in your own name.\n\nAnother option would be to retain an attorney and let them fix this for you.  The legal fee shouldn't be too high and it would be worth it to get things cleaned up and in your name.