Originally posted by talisman
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Trying to buy House, But have BIG PROBLEM
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Originally posted by inline 6 View PostI believe the from you need her and the ex to sign is called a "quick claim" and it absolves her of any responsibility on the home even though she remains on the note.Quit claim deeds do not absolve the person from the financial responsibility if their name is on the note on the property. I just went through this with my dad's property, my uncle's name was on the deed and the loan for the back taxes. Even though he signed a quit claim deed, if I didn't pay off the loan they would have come after him because my name wasn't on loan.Originally posted by SSMAN View PostThey called mine a quick deed. Sure there are different names for it.
Like Adam said your only options are to have the ex refi in his name or sell it. People who get divorced either need to force the other party to refi or force the sale of the items, whether cars, property, etc.92 LX 5.0
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For those that posted about the quit claim deed.. You guys need to know that that alone will not remove the person from the note, and does not release them from liability for the same. The only thing that does is gives up ownership interest.
This is the reason I did not put my ex on the loan when I bought my house.
Edit: Bob beat me to it.
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It's not something any law should address.. The bank agreed to make the loan based on the worthiness (credit and income) of the two borrowers, married or not. They are not going to let either off of the hook unless the other can fully qualify on their own. Just because the two borrowers decide to go their separate ways at a later date should not automatically release their obligation. They both agreed to take on the debt, and to repay it.Originally posted by SEB View PostSo is there anything a attorney can do or any other options a attorney can suggest to us. With a handful of stories like mine and all alike. How is it that this is still a problem in this country for divorced couples. I just dont understand why this problem has not been addressed in the laws of this land. Another reason not to get married or buy anything to together
There are many consequences of divorce, and this is just one of them.
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