What is the least expensive way to legally have the mortgage and home ownership transferred to my name? 12 Answers as of February 03, 2014

I have been divorced for almost a year now and have been making the payments on the home which was freely awarded to me in the uncontested divorce. It was in my spouse's name and not my own. I have a 17 year old child from the marriage living in the home. The ex is willing to sign over whatever he needs to in order to get the mortgage out of his name.

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James M. Chandler | James M. Chandler
You would need to contact the mortgage company and ask them if they would transfer the mortgage to you.
Answer Applies to: California
Replied: 2/3/2014
The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
Unfortunately the only way for you to get the ex-husband's name off of the mortgage would be for you to refinance the house in your name, thus paying off the mortgage with his name on it. The primary reason this is the case is because the mortgage company prefers to keep as many parties responsible for the mortgage as possible.
Answer Applies to: Arizona
Replied: 2/3/2014
Law Office of Robert E McCall | Robert McCall
You must talk with holder of the Mortgage. Be aware that some refuse to take a signer's name off the mortgage; then the only recourse is to refinance which may be expensive.
Answer Applies to: Florida
Replied: 2/3/2014
Kirby G. Moss PC | Kirby G. Moss
He can sign a quitclaim deed to you to place the home in your name only, but in order to get him off the mortgage, requires you to refinance it into your name only. The deed referred to does not take him off the mortgage in other words.
Answer Applies to: Indiana
Replied: 2/3/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
You need to get with the company that you are going to refinance with and ask them what you need. I would imagine that they will need a quit claim deed from your husband at some point.
Answer Applies to: Idaho
Replied: 2/3/2014
    The Law Office of James P Peterson
    The Law Office of James P Peterson | James P Peterson
    Get another home loan and pay off the first loan is the only way to get the loan out of both your names.
    Answer Applies to: Texas
    Replied: 2/3/2014
    J. Barbour Rixey, P.C.
    J. Barbour Rixey, P.C. | J. Barbour Rixey
    You need to have a deed prepared transferring title from him to you. As to the mortgage the only way to get his name off of it is to refinance into your name only or sell the house.
    Answer Applies to: Virginia
    Replied: 2/3/2014
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    In order to have mortgage, not and title transferred, you must have approval of the Lender. Either the lender must approve or you will need to refinance.
    Answer Applies to: Florida
    Replied: 2/3/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    It is easy to transfer the deed over into your name. Your ex will need to quitclaim the house from his name into your name. The mortgage aspect would be more complicated. You need to get the mortgage refinanced into your name. In order to refinance, you should be able to show them that you have adequate income to take on the mortgage obligation.
    Answer Applies to: Ohio
    Replied: 2/3/2014
    John Russo | John Russo
    You must refinance to remove his name that is the only way, this sounds like you tried to do this divorce yourself correct, and were lucky enough to get the divorce through, but now all the problems of not having all the issues spoken to within the four corners of the final judgement are coming back to give you problems now. So again the only way he can remove his name from that note is refinance , and if he signed over the deed already he has a real nightmare now.
    Answer Applies to: Rhode Island
    Replied: 1/30/2014
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    It is not as simple as having your ex-spouse sign documents to put the mortgage in your name. You must qualify with the lender for that to happen. Please meet with an experienced family law attorney to explore your legal options.
    Answer Applies to: California
    Replied: 1/30/2014
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    The only way for your ex to get his name off the mortgage is to sell the house (and pay off the mortgage) or for you to refinance or assume the loan in your own name; if you can qualify to do that, then during that process your ex can sign a quit claim deed in your favor so you can refi the loan in your name alone, and the loan and title will be in your name alone.
    Answer Applies to: Georgia
    Replied: 1/30/2014
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