Please help - Real Estate question

[Beacon776]

Hello everyone I am new to this site and in need of some help in dealing with my home through the divorce.

Here is a litlle backround. I came home 2 weeks ago and my wife told me that she got married for the wrong reasons and does not want to be in this relationship anymore. We have only been married for 4 months and bought a house together approx 6 months ago. The house is in both of our names but she has moved out and I am keeping the house. She had agreed (at this point) not to come after me for tax break checks from the house or try to reaquire the house at a later date. She wants nothing to do with it and she would like her name to be removed from the loan. I do not think that I can refi the house only in my name so Im feeling alittle screwed. I want to keep the house and she is understanding about this and that I am not sure that I can have her name removed. I fear that she may get advice from a lawyer that is telling her to make me sell the house if I cant take her name off of the loan.

This is all happening fast - we lived together for 3 1/2 years and she never showed signs of doubt about our relationship until now. She swears that she is not seeing anyone else and I have to say that I belive her but this is very confusing. She is being understanding like I said but I fear that if this becomes to difficult she will get legal advice that could screw me in the long run. There are no kids involved and we did not put a down payment on the house. I do not belive that there is any equity in the home at this point.

Thank you all for your help and sorry for the long post.
Brandon

[nosonew]

I believe all she has to do is sign a "quit-claim" deed and you are in the clear.  I do not believe they can make you refinance the home, however, real estate is not my area of expertise.  But per my history, a signed quit claim deed takes care of it.  You have no equity in the home yet, so she is not entitled to that.  Hope that helps

[Beacon776]

Thank you very much for your quick reply. I was hoping that there was something like this that may be done and at least now I can ask about something specific like a quit claim deed.

Thanks again,
Brandon

[joni]

NOW LISTEN - depending on your mortgage company AND you have a good payment history with them AND you have good credit, the mortgage company can do a QUICK loan and just remove her name without having to go through a refinance.  But if you do not have these factors (and my husband did not) you're going to have to do the following:

My DH went through this with his Ex wife.  You'll have to refinance in your name alone.  Once this is approved, you'll need to have your soon to be Ex wife sign a quit claim deed to remove her name from the property.  Once your mortage company has this in hand, they'll generate the loan papers and move the loan to your name only.

Now if you refuse to do this, your soon to be Ex will be able to get a judge to order you to do this.  If you do not do this in "X" amount of time, you will be court ordered to sell the home.

Possibly you could get a parent or a sibling to co-sign the loan so that you'll get it.