My divorce was finalized in mid 2013, and as part of the divorce settlement my ex-husband was supposed to remove my name from the mortgage and I was supposed to execute a quit claim deed. However, he has not done so and I would like my name off of the loan. What legal recourse do I have? Also, does filing a quit claim deed prior to having my name removed from the mortgage put me at a disadvantage if my ex-husband stops paying the mortgage and walks away from the property?
Answer
It is almost impossible to get one's name off a mortgage. Could it be that he was ordered to refinance the home? The wording of the judgment governs when you are supposed to give him the quit claim deed. It may be at the time of the refinance or at the time of entry of the judgment. The terms of the judgment are not modifiable except by agreement of the parties. They are part of a property settlement. the court can enforce the agreement but it does not have the power to modify it.
Answer
You will have to go back into court and ask the court to enforce the terms of your settlement. Its called a rule to show cause. In the meantime, do not give your ex a quitclaim deed. If you do, you will still be liable on the mortgage but have no claim or right to the property. You should always wait until your name is removed from the mortgage before giving up your rights to a property.
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