Legal Question in Real Estate Law in Texas
i have been divorced for a year and a half and my ex wife has the house but the note is in both our names, i would like to buy a house of my own and would like to no exactly what i can do to get my name off the house, i heard a quit claim would do it and then i heard a assumption package would do it, what do i need to do without kicking my ex and the kids out of the house and selling it. her credit is really bad and i have hired a credit company help rebuild mine. she is in a modification program with the mortgage company now... please help... i want a house
1 Answer from Attorneys
I'm afraid I don't have good news for you.Basically, the bank issued credit to the two of you, collectively. If you quitclaim the house to her, all you do is remove yourself from the title, not from the note. The only way to remove yourself from the note is to have her refinance by herself. If her credit is lousy, then she'll need to find someone to co-sign her note.