How do I get my name off a deed? 35 Answers as of September 05, 2012

My ex-husband retained possession of our marital home after our divorce. Since then he remarried, divorced and has filed bankruptcy and the home is being foreclosed on. I just found out my name is still on the deed, but not the loan. I was served with papers from the county for the bank against me, my ex and his ex. What are my rights? How do I get my name off the deed? What else do I need to do?

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Dennis P. Mikko Attorney at Law | Dennis P. Mikko
You could sign a quit claim deed quit claiming any interest you have in the property to your ex-husband. However, you signing off on the property will not affect the rights of a creditor if you signed the loan. In otherwords, if you signed the note and mortgage, you could still be liable even if you have no interest in the property. On the other hand, if you have no interest in the property and did not sign the note and mortgage, once you release your interest in the property you should be dropped from the suit.
Answer Applies to: Michigan
Replied: 9/5/2012
Hamblin Law Office | Sally Hamblin
Your ex should have had a quit claim done after the settlement indicating on the deed transfer was done per settlement. His attorney should have done that, if represented. I would contact an attorney to help you.
Answer Applies to: Michigan
Replied: 9/5/2012
Law Offices of Mark L. Smith
Law Offices of Mark L. Smith | Mark L. Smith
It doesn't make any difference for you as long as your name is not on the promissory note or the mortgage.
Answer Applies to: Rhode Island
Replied: 9/5/2012
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
I suspect the foreclosing bank will ask you to quit claim your interest. You should have an attorney review the documents and get out of the suit ASAP. I would check your divorce decree as well.
Answer Applies to: Michigan
Replied: 9/5/2012
Barbara Fontaine, Esquire | Barbara Fontaine
Are you sure you are not on the mortgage?? Otherwise, why did the bank contact you? Ask at the bank.
Answer Applies to: Rhode Island
Replied: 9/5/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    If you were not on the mortgage or loan, then be happy. Being on the Deed may give you some ownership rights if there is any equity in the property. Offer to let them buy out your interest in the Home/Deed.
    Answer Applies to: Pennsylvania
    Replied: 9/5/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    You can sign a quit claim deed to release your interest in the property.
    Answer Applies to: Kansas
    Replied: 9/5/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    You don't need to do anything. Your name will come off in the foreclosure.
    Answer Applies to: New York
    Replied: 9/5/2012
    Stephens Gourley & Bywater | David A. Stephens
    If you do not want the house, the foreclosure will remove your name from the deed. Be careful that you are not liable on the mortgage because there may be a deficiency judgment against the borrowers. The divorce decree will not protect you from that deficiency if your name was on the mortgage.
    Answer Applies to: Nevada
    Replied: 9/5/2012
    Blough Law Office | Janis L. Blough
    You should consult an experienced attorney who can advise you and perhaps record a copy of your Judgment awarding the property to your ex-husband. You might also sign a quit claim deed (or did you do it after the Judgment was entered?) nunc pro tunc and make sure the deed is recorded. You may also need to take some steps to make sure the foreclosure doesn't appear on your credit report.
    Answer Applies to: Michigan
    Replied: 9/5/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    Hire an attorney to fix this MESS!
    Answer Applies to: Michigan
    Replied: 9/5/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    If your name is not on the deed you have no liability with the mortgage company, If the home is foreclosed on, or about to be foreclosed on, you can either see if the foreclosing authority will work with you to allow you to refinance and keep the home, or you can sign over the property to the foreclosing authority, Seriously consider hiring an attorney for this one.
    Answer Applies to: Alabama
    Replied: 9/5/2012
    Gates' Law, PLLC | Thomas E. Gates
    You need to sign a Quit Claim Deed. Your divorce papers, show he received the real property along with the Quit Claim should be of help.
    Answer Applies to: Washington
    Replied: 9/5/2012
    Victor Varga | Victor Varga
    No need to remove your name from the deed, as you don't owe any money on the loan.
    Answer Applies to: Maryland
    Replied: 9/5/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Should have been removed as a result of the divorce. Look at your decree of divorce that may contain the answer.
    Answer Applies to: Nebraska
    Replied: 9/5/2012
    Danville Law Group | Scott Jordan
    Unless there is some urgent need, once the bank takes the property in foreclosure and after the trustee's sale, your name will be removed at that time. Since you are not on the loan, the foreclosure will not have any negative effect to you.
    Answer Applies to: California
    Replied: 9/5/2012
    Steven Alpers | Steven Alpers
    There should have been a change in ownership if that was agreed to in the divorce. You would have to file an interspousal transfer deed. Unless the bank took you off of the loan you are still on the loan I would really need to see all the documents to give proper advice.
    Answer Applies to: California
    Replied: 9/5/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    What does your divorce decree say about this issue?? I am sure it was addressed therein. If not, you may have to go back into court on a motion to have your name removed from the deed. I suggest that you consult with the attorney who handled your divorce. If you did it on your own, this would explain why you are still on the deed, in which case, I would suggest consulting with a family law attorney.
    Answer Applies to: Washington
    Replied: 9/4/2012
    Gordon F. Gault PC | Gordon F Gault
    Probably too late to get your name off the deed. Since you are not on the mortgage no problem.
    Answer Applies to: Illinois
    Replied: 9/4/2012
    Law Office of Jeffrey Solomon
    Law Office of Jeffrey Solomon | Jeffrey Solomon
    The bank will need to go through a foreclosure. You should consult a real estate attorney. You can get off the title by signing a deed which is recorded. Also, your divorce decree might have made a provision as to what should be done with the house.
    Answer Applies to: Florida
    Replied: 9/4/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You need to retain an attorney, or return to your divorce attorney for him/her to fix what should have been resolved during the divorce.
    Answer Applies to: Georgia
    Replied: 9/4/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    Hire an experienced real estate attorney immediately to represent your interests. The bank probably still considers you to be an owner.
    Answer Applies to: Illinois
    Replied: 9/4/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Contact the bank, or its attorney, and ask about executing either a quit claim deed to the bank or a deed in lieu of foreclosure.
    Answer Applies to: Michigan
    Replied: 8/30/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    You do not need to do anything at this point as the mortgage company will get the house back in foreclosure.
    Answer Applies to: New Jersey
    Replied: 8/30/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Do a quit claim.
    Answer Applies to: New York
    Replied: 8/30/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    You need to look to the judgment as who gets the whom. Normally one of parties has buy the other out. If your name is still on deed they have sue to get the property.
    Answer Applies to: Michigan
    Replied: 8/30/2012
    Ryan Maesen PLC | Ryan Maesen
    Have a lawyer draft a quitclaim deed to get is name off. You would essentially be selling it (at not charge) to him.
    Answer Applies to: Michigan
    Replied: 8/30/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If you are both on the deed, then the both of you would have to sign a new deed to take you off. However, if you are not on the note, the bank can not come after you for any deficiency.
    Answer Applies to: New York
    Replied: 8/30/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Call the bank and agree to sign a quit claim deed over to them.
    Answer Applies to: Michigan
    Replied: 8/30/2012
    Mary W Craig P.C. | Mary W Craig
    Sign a quit claim deed giving your portion of the house to your husband and file that deed, along with a copy of the divorce papers, with the appropriate office. In Alabama, that would be the Probate office. If your name is not on the loan, you have a court order awarding the home and debt to your ex, and you have signed over any interest you have in the house to your ex, the mortgage company should not be able to get a judgment against you, nor should it be able to put anything on your credit report.
    Answer Applies to: Alabama
    Replied: 8/30/2012
    Law Office of William L Spern | William Spern
    Sign a quit-claim deed over to who is suing you for complete release of all claims.
    Answer Applies to: Michigan
    Replied: 8/30/2012
    Attorney at Law | John P. Rivers
    Before anyone can respond to your inquiry, they will have to have more information regarding the content of your divorce decree and/or agreement and the nature of the papers that were served on you. Any other response would be pure speculation.
    Answer Applies to: Georgia
    Replied: 8/30/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    You can quitclaim any interest you may have to the ex husband.
    Answer Applies to: Florida
    Replied: 8/30/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You would have to transfer your interest to your spouse likely by quitclaim deed.
    Answer Applies to: Minnesota
    Replied: 8/30/2012
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    Contact a family lawyer or real estate lawyer.
    Answer Applies to: New Hampshire
    Replied: 8/30/2012
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