Legal Question in Real Estate Law in California

Re: Removing Name from Deed to House

In order to remove your name from the house you will need to contact the lender and ask what their procedure is for removal of your name from the house. Good Luck.

Re: Removing Name from Deed to House

This may be more difficult that you expect.

First, anything that ever appeared on the public record, such as a deed or a mortgage, will remain there for eternity.

If the mortgage (i.e., note secured by deed of trust) is paid off, or you have otherwise been "let off the hook" for liability on it, the public record should show some later document reflecting that fact, such as a 'deed of reconveyance' or a partial release or some such instrument.

When you apply for a new loan, the lender's credit analysts will, presumably, check the public records and compare them with information you volunteer on your loan application. If you are indeed free from liability on the old property, they will find the requisite proof of that fact.

Quitclaiming property does not necessarily relieve you of personal liability for loans against that property. Sometimes it does, other times you may remain personally responsible. For this reason, these and any other transfers of real property should be done with professional guidance (escrow/title company, lawyer etc.) and full participation by all the lenders on the property to insure that the party giving up his or her interest in the property also gets released, on the public record, from liability (to the extent this is the parties' intention).

If there is any question at all about your remaining liable for a loan on the property sold, you should see a lawyer for review and advice. The few hundred bucks this would cost perhaps will be saved back many times in reduced interest costs and maybe other problems in the future.

Re: Removing Name from Deed to House

Unless the lender agrees to release you from the obligation on the loan, you cannot do so on your own. That would be like me borrowing money from you, and then telling you that some other person will pay you back, and that I am no longer responsible.

You should have had your ex buy you out and refinance the property in her name only. You are somewhat stuck, now. Call the lender and ask them what can be done. It is their decision.

Re: Removing Name from Deed to House

You are going to have to get your husband to re-fi. If your husband refuses to re-fi, you can go back to court and get a court order requiring him to either use reasonable eforts to re-fi or to sell the house.