Legal Question in Real Estate Law in Michigan

I divorced my wife and moved to Arizona in 2009. She remained in Michigan. We had a mortgage on the property where she resides and both names were on it.

I was required to file a quit claim deed to remove my interest in the property at the time of divorce, however my name is still on the mortgage. We also had an equity line of credit which I was responsible for and have since paid off. She is responsible for paying the mortgage.

Do I have any rights to the property even though I signed a quit claim deed since I am still on the mortgage? Can I get my name removed from the mortgage without having to go through the bank (they wouldn't do this as her credit wasn't worthy enough at the time)?


Asked on 8/02/15, 11:24 am

1 Answer from Attorneys
Stuart Collis Collis, Griffor & Hendra, PC

The mortgage is different than the quit claim deed. Only the bank can remove your name from the mortgage. Thus, the only way to remove your name from the mortgage is for either one of you to buy out the house from the other or to sell the house.

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Answered on 8/02/15, 11:27 am


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