You would have to quit claim the house to her and then she wouldn't have to refinance, but keep up the payments at whatever they are.

You need to talk to the bank. You can have your name removed from a mortgage as a result of a divorce, but you need to make sure you are both off the title and the mortgage. Do your homework on this one.

You two must come to an agreement on this. One of you could force the sale of the property.

If you want your name off the loan but on the deed, you will most likely need to see an attorney to get that done if she doesn't want to cooperate. Otherwise, she definitely needs to get the loan rewritten, which I am guessing means refinanced.

Good luck!

Okay...I will deal with that.

Isnt it called a quit claim deed or somehting? And yeah, youre fucked if she cant afford it. Sell sell sell. DOnt deal with it.

I don't want her to have to sell the house because it has been in her family for 100 years but at the same time I don't want to be stuck with that on my credit. Even if she pays it regularlly then I am still jacked up because they look at it in my debt to income ratio.

She may have to have her parents co-sign to help her out but she needs to do something. I will ask and attorney friend about this.

A quit claim relegates you to a co-signer position; you have no rights to the property but would be held responsible if she defaults. It would show up as a liability on your credit. The only way to remove your name completely would be for her to refinance a loan in her own name. If she can't, due to ineligability, she will need a suitable cosigner.

Maybe I will have the attorney add a clause in the divorce to force her to refinance in a short order of time so that if she doesn't she violates the divorce terms. Not sure what that would allow me to do but it sounds better than nothing.

Sell. Nothing good ever comes out of divroce. Look at everyone around here. Havent you learned dick? lol

You need to act on this, to ensure that she finds a new lender/mortgage and that your name no longer appears on either the debt or the deed. This could impair you financially in the future. NO lender is going to give YOU a mortgage if you are already on one (unless your income can cover both mortgages). Time to lawyer up!

OH wait! I wonder if she's doing this to spur you into action on the divorce!

who cares....We shall see. I am not concerned and everything is done and the divorce is not contested...It is a no fault divorce. I will have a clause added to make sure she refinances and gets me off of the loan because that just isn't right. I don't want any parts of that mess of a house...it is hers and her problem. I don't want her to have anything to do with me.

My lawyer told me that the property settlement is what usually takes the longest time and the most money in a divorce. If you have equity in the house be prepared. It could be a long time before the house sells.

The courts will probably force the house to be sold and split the equity if you're not willing to let her quit deed. She could refi if she can qualify by herself, but you would have to agree with the purchase price.

When we bought our house it was 2 1/2 yrs after the couple we bought it from got divorced. The man finally got tired of the fight and settled for a much smaller share just to be done with it. In my state the divorce can be granted without the property being settled.

My advice - don't quit deed.

property has been split and I am okay with it. She is getting the house and I want her to get it. She just needs to do right by me and take me off of the loan.

I just went through this, she HAS to refinance. My husband refinanced our home and I signed away my rights at the title company in agreement that I would receive a check for a certain amount after our bills were paid off from the equity. This was the only way to get me off the loan. You can force her to sell in court if she doesn't refianace which sounds harsh but at what point do we start looking out for ourselves??
Good luck, I hope she is aware that you are educated enough to know she can't legally take you off the loan!!