Legal Question in Real Estate Law in Ohio

Quit Claim Deed, Divorce and Mortgage

My husband and I are trying to purchase a home and when applying for a mortgage we did not qulify because of a mortgage he had on a house he owned with his ex-wife. They have been divorced for over 10 years.

He quit claimed the house to her for the use of her and the minor child (at the time he was 3 years old) Nothing is in the divorce papers about this transaction. He thought that the mortgage would be just in her name after the quit claim deed. We just found out that is not how it works in Ohio. In the past 10 years she has never paid the mortgage payments on time and my husbands credit is in vary, vary poor shape because of this.

Is there any thing we can do about this legally? Is there anyway to go to court and have her refinance in her name or sell the house? I know we need an attorney but no one here will return our calls on this matter.

Thanks


Asked on 10/23/04, 6:51 am

2 Answers from Attorneys
Harold Hom Harold L. Hom Co., LPA

Re: Quit Claim Deed, Divorce and Mortgage

This is not my area of expertise. This situation is really a domestic relations and consumer credit issue. Your husband should talk to his ex-wife and ask her to either sell the house or remove his name from the mortgage by refinancing. If his ex-wife will do neither, you need to see a domestic relations attorney about seeking a court order for the sale of the house since the ex-wife clearly violated the divorce agreement. Your husband could also pay off the mortgage, place a new mortgage on the property in his name, and have his ex-wife pay him directly. He needs to remove himself from responsibility for the mortgage.

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Answered on 10/23/04, 11:25 am
Frank Rozanc Frank J. Rozanc, Esq.

Re: Quit Claim Deed, Divorce and Mortgage

Check the divorce decree and see if the court assigned responsibility for the mortgage. If the decree is silent, then he should contact the mortgage company directly, and see about refinancing.

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Answered on 10/25/04, 1:40 am


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