Legal Question in Family Law in Virginia

Re: Divorce and mortgage on home

It would be much better for you if he were to refinance the house to get your name off the mortgage. That is probably the only way to have your name removed; it is not likely the lender will release you just because you ask.

Re: Divorce and mortgage on home

You really shouldn't sign a quitclaim deed unless he refinances the mortgage in his name only. Your current mortgage company will not remove your name. So if you quitclaim your deed you are giving up all your rights to the house but keeping the liability. If he stops making payments they will come after you to make payments and it would hurt your credit. Also, keep in mind that if you wanted to buy a house for yourself, your current mortgage would count against your debt to income ratio and may disqualify you from buying a home so long as you are on the current mortgage. Some lenders will not count it against your debt to income if you show a property executed marital separation agreement showing that you are no longer responsible. Even if you are not at all concerned about the two points I've shared above and you still want to quitclaim your interest you should never do it without a signed marital separation agreement that details his responsibilty.

I hope this helps.