Legal Question in Civil Litigation in Minnesota

Re: quick claim deed

Thank you for your question.

If your divorce decree did not require him to refinance the mortgage, there is nothing you can do. Moreover, no matter what language is in a divorce decree, it is not in your husband's power to have your "name removed from the mortgage."

Whether to release someone from liability on a mortgage is up to the bank. The court has no jurisidiction over the bank.

Giving your husband a quit claim deed also has nothing to do with your liability on a mortgage. All the quit claim deed does is give your ex husband whatever interest you have in the house. If your interest in the house has a mortgage on it, then he gets an interest in the house subject to the mortgage.

This is an enormous source of confusion for many people. The simple thing to remember is that banks, credit card companies, and other creditors are not parties to your divorce. They are not involved in your divorce. The court has no jurisidction over them. The court cannot tell a bank, for example, to only accept money from one party and let the other off the hook.

You do, in fact, remain obligated on the mortgage until your husband sells the home. That being said, it is unlikely you would ever be required to pay anything on the mortgage, even if it goes into default. And that's a whole different issue.

If you have further questions, please feel free to call.

Re: quick claim deed

WHo is living there? Is the mortgage in DEFAULT? Did he pay you (price of house or rent)?

If not divorced, you will both need to sign off @ closing.