Legal Question in Real Estate Law in New Hampshire

Re: real estate

Bad idea to remove name from deed without removing same from mortgage because a) lender could invoke automatic trigger and demand full payment of mortgage based on change in ownership; b) you are still on the hook for the mrotgage and likely cannot get your own mortgage as a result; and c) if change in name on deed was done to avoid a creditor, they can demonstrate that this was a fraudulent conveyance due to the failure to conform the mortgage to the deed.

As it stands now, you cannot "refinance" since you no longer own the home. You will have to "buy" the house from her.

Re: real estate

If I understand the facts, she owns the house, but you owe the money. I doubt that any bank would finance the house for someone else, meaning your ex spouse. I think that she will need to deed the house to you as part of the transaction. Furthermore, why would you want to live in "her house," when you're responsible for all the debt and she gets all the benefits of ownership?

Also, if the transfer is part of the divorce you may be able to take advantage of certain tax breaks regarding transfer stamps on the deed. If you do it after the divorce, you may have significant tax implications. You should consult with your tax advisor.