Legal Question in Mediation in Iowa

How can I protect the people who co-signed on my mortage after my divorce?

I have an unusuall predicament. My

sister and brother-in-law co-signed on

a mortgage for my husband and me in

2002. Since we had bad credit and they

did not, we gave them the money for

the downpayment, they bought the

house, and we make the payments. On

paper, my brother in law owns this

house, even though we are the ones

who pay for it. Now, we're getting

divorced, and he wants to keep the

house. He has made faithful mortgage

payments, but I think it would be better

if the house was in his name. What is

the best way to do this?


Asked on 8/01/06, 1:21 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

Re: How can I protect the people who co-signed on my mortage after my divorce?

If the house is in your name you will have to release all your right title and interest in it. If the mortgage is in your name you will have to get the approval of the mortgage company or note holder. If all the paperwork is in your brother's name you need only quitclaim it over to him. In either case your soon to be ex husband will have to agree to it.

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Answered on 8/01/06, 3:26 pm


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