Legal Question in Real Estate Law in Indiana

Ex will not sign papers to remove her name from mortgage
My bro. filed for divorce in 1999 and it took until 2004 to finalize. He had to go thru mediation due to his ex wanting everything. In the end he was granted possession of the house which he had made all payments on. Her lawyer drew up paperwork for her to sign and give to--name removed--bro. that would get her name removed from the mortgage/deed. She never gave him the papers and refuses to do so. He needs to refinance so he can lower his payment as his income has gone down. He has no money for a lawyer at this time too. What does he need to do to get her name off his house?

Asked on 1/13/09, 12:39 pm

2 Answers from Attorneys

Jay Rigdon Rockhill Pinnick LLP

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Re: Ex will not sign papers to remove her name from mortgage

If the decree granted your brother ownership of the real estate unconditionally, and included a legal description of the property, that is enough to prove that he has title to it, and the title company should accept that, even without a quitclaim deed from her. If that didn't happen, or there are other conditions, then he'll need to see a lawyer, because an attorney's services will still be less expensive then losing the house in foreclosure. Have him call to get a quote for a consultation with a lawyer in your area. (He should do it, not you).

Answered on 1/16/09, 4:46 pm

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