In this post, our top-rated orlando divorce attorney explains when and how a divorcing couple can get one spouse’s name removed from the mortgage. Florida Courts Cannot Force a Lender to Remove a Name A mortgage lender is under no obligation to remove either spouse’s name from the mortgage.
My ex-wife was awarded the marital home in the divorce decree, but she has yet to remove my name from the mortgage and deed as required by the agreement. The mortgage company now says I cannot remove my name from the mortgage because my ex-wife cannot refinance the home alone.
How To Go About Removing Ex-Spouse From Mortgage After Divorce. The best way in removing ex-spouse from after a divorce is by refinancing current home loan and get the ex-spouse off the mortgage. If you surrendered your property to your ex-spouse, make sure he or she refinances the loan and get your name off the mortgage
Removing a Spouse from a Mortgage after Divorce. If you own a home with your spouse, it’s likely that both of you are on the mortgage and on the title deed. Make sure both are updated after your divorce, however you choose to proceed. Here are some options for how to handle the mortgage after a divorce.
In most cases, mortgage companies won’t let you simply remove one spouse from the loan and the deed. “The transfer of title after a divorce is a very common and tricky problem,” explains theresa guettler, branch manager with Caliber Home Loans. “The right thing to do is to refinance after the divorce.”
You will want to execute a quitclaim deed after your divorce settlement is finalized, and you have been granted possession of the marital home. Once the deed has been altered to remove your ex-spouse’s name from the paperwork, you can make the same change on the title of your home; that will officially absolve them of all rights to the property.
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Deleting a Mortgage After Divorce. By The Experian Team. November 2, 2017 2 min read.. your ex-spouse and the court regarding who will take responsibility for paying the existing debts. A Divorce Decree Does Not Remove Accounts from Your Credit Report.
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