Legal Question in Real Estate Law in Pennsylvania

Re: Removing Name from Mortgage

If you qualify to refinance the house in your own name then you may wish to get a quit claim deed from your husband to yourself, refinance and sell the residence. You may contact me in the event that the property is in Georgia and you require assistance with documents.

Re: Removing Name from Mortgage

You have Six primary options:

1.) Refinance the property solely in your name and be prepared to make any and all future payments; or

2.) Request that you husband deed over the house to you and you alone. Then you could do what you want to the house, just remember you would need to give your spouse FMV (fair market value) for his portion of the property to avoid any title problems down the road; or

3.) Sue your husband by means of filing a petition in the Court of Common Pleas for Partition of the property. This legal action will allow the court to require the property to either be sold or have your husband buy out your interest in the property, or

4.) Sell the property....why don't you take the initiative to list the property?, or

5.) Do nothing and have the property be foreclosed upon, thereby destroying your credit score; or

6.) Keep doing what you're doing, ie paying the mortgage and complaining about the situation.

In other words, step up to the plate and resolve this situation yourself since your husband has no intention of resolving this matter.

Re: Removing Name from Mortgage

To add to the substantive response you received from Mr. Taini, a divorce won't get you off the loan. A divorce decree may require one party to make payments but it does not affect the lender's right to go after either borrower should those payments not be made.