How should I sign over my house in my divorce? 1 Answers as of April 01, 2011

If the wife decides to keep the house after divorce and the couple filed bankruptcy and the deal was that she refinance after a reasonable amount of time, she wants the ex husband to sign over deed but his name is still on the mortgage. Should she refinance and get his name off mortgage before signing over the deed?

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Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
Yes, before any deed should be signed over, the indebtedness must be re-financed so that once the husband's name is off the deed, he is not subject to a default on the mortgage by the former wife. As for the bankruptcy issue, I don't know the ramifications of that upon the whole scenario. Good luck.
Answer Applies to: New York
Replied: 4/1/2011
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