Legal Question in Real Estate Law in New York

deed name removal

need info as to how to go about removing my name from

deed of home my husband and i currantly own. he is living in said house and i am not. would like to get my name off house. we are not divoriced but living apart for over 1 year.


Asked on 10/09/00, 10:14 am

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: deed name removal

To remove a name from a deed is simple and inexpensive. However, if you have a mortgage (and I bet you do), removal of your name from the deed does not discharge your obligations under the mortgage and promissory note.

I suggest one of two things.

1. Since a bank will probably not release your obligations unless the debt is satisfied, you can refinance the property to take your name off the lien and deed. Or,

2. You can prepare and execute a separation agreement with your husband that would outline the terms and conditions of ownership of the house.

Mike.

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Answered on 11/06/00, 9:06 am


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