Legal Question in Family Law in Michigan
Quit Claim Deed/Mortgage
My husband and I bought a house last year with MY money. After the purchase we decided to separate and I asked him to sign a Quit Claim Deed for the house since it was my money that we used. He signed it. We are now getting a divorce and here is the question. How do I get his name off the mortgage without having to refinance? Please advice. Thanks.
1 Answer from Attorneys
Re: Quit Claim Deed/Mortgage
Dear Madam:
This is in response to your email of May 11, 2001, which was received by this office on June 21, 2001.
To remove your husband�s name from the mortgage there are generally three choices: 1) sell the house, 2) refinance the house, or 3) in some cases your mortgage company will transfer the mortgage with its present terms to you for a fee. You could also keep your husband�s name on the mortgage and continue making your payments until a future date when refinancing may be appropriate or you sell the house. The fact that your husband�s name is on the mortgage does not give any ownership rights as you have a deed that indicates you are the sole owner of the home.
Sincerely,
Michael D. Eberth
(313) 561-5700
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