Legal Question in Real Estate Law in Indiana
I am trying to get a mortgage, my ex husband and I legally still own a house together. In our divorce papers it stated I was to sign a quit claim deed. I did not. He has since put the house for sale on contract w/out my knowledge. My question is: is that contract technically void since my name is not on it since I still also own the house? and is the only way to get my name off the mortgage is to take him to court since he refuses to refinance?
1 Answer from Attorneys
These are all problems that should be solved for you by the attorney who handled your divorce. If you were supposed to sign a quit claim deed why didn't you? Two wrongs don't make a right. You cannot get out of the mortgage without permission from the mortgage holder. Your ex doesn't have to re-finance. You attorney should be fixing these problems for you.
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