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Removing Name from Title During Divorce

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Latest post Mon, Oct 26 2009 3:37 PM by Harlan Cooper. 1 replies. Viewed 132 times.
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  • Mon, Oct 26 2009 10:32 AM                

    • Anonymous

    What is the easiest way to get your name totally taken off the title to your house during a divorce so it does not ruin your credit, is there an easier way besides selling the home, or refinancing??? Can't you just go to the title company and get your name off??
  • Mon, Oct 26 2009 3:37 PM                 In reply to

    You are confusing "owing" with "owning." Removing your name from the title (owning) does not relieve you of the responsibility for loans in your name that you promised to repay (owing). You can "owe" on property you do not "own." The divorce decree may have taken away your ownership to the property and given it to your ex-wife. Additionally you can deed your interest in the property to your exwife, but you are still responsible to the lender for the loan you took out until the loan is either paid off or the lender gives you a release.

    So while you can quit your interest in the property you can't just quit your liability.

    For you to be relieved of responsibility for the loan it must be paid off by your ex-wife refinancing or through the sale of the property. If the loan is assumable then your ex-wife can assume the loan and you can ask to be released of liability.

    For specific legal advice please contact an attorney familiar with the laws in the state the property is located.

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