How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Loren Your Own Question
Loren, Lawyer
Category: Family Law
Satisfied Customers: 28514
Experience:  30 plus years of experience.
Type Your Family Law Question Here...
Loren is online now
A new question is answered every 9 seconds

I havent filed for divorce yet but have been seperated for

Resolved Question:

I haven't filed for divorce yet but have been seperated for almost 3 years. Cause of deliay is the house and mortgage are in both of our names and he is currently living in the house and wants to remain in the house. I do not want any money from him, I want to sign ownership to him. Refinancing the home isn't possible now but he's been making on time payments since I left 2 years ago. If the bank let's him assume the mortgage, would I need to file a quit claim deed first? Would getting a lawyer be best or could we do this via an online service?
Submitted: 5 years ago.
Category: Family Law
Expert:  Loren replied 5 years ago.
If the bank would let him assume the mortgage you could sign and record a quitclaim deed at the same time as the new mortgage documents are signed. It will need to be integrated into your final property settlement because, as a spouse, you have spousal rights in each other's property.
Customer: replied 5 years ago.
Thank you. Since we are 100% financed, we have an 80/20 loan, both banks would have to agree, correct?
Expert:  Loren replied 5 years ago.
Yes, any current lenders would need to be repaid or consent to the change.
Loren and other Family Law Specialists are ready to help you

Related Family Law Questions