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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101939
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My daughter and her husband are divorcing. How does she get

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My daughter and her husband are divorcing. How does she get her name off the mortgage that is both their names? Her husband wants the house and the dog only but she has been the major wage earner so she must free herself from the house payment
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

This is a common situation. Allow me to explain.

Now, in a divorce, the Court cannot simply order a contract void that involves a third party (the lender).

Ergo, there are generally two things done in the divorce decree:

1) She would quitclaim the home to him. This essentially gives her interest to him, and;
2) The decree orders him to REFINANCE within a certain amount of time with the lender, to take her name off the mortgage contract.

If he does not refinance in time either due to sloth or inability, then the Court will either (1) give the property to her, (2) sell the home and split the proceeds, or (3) do whatever else the Court feels is equitable (fair).

So if she does not want the home, and he does, then the above would be included in the divorce decree and would help to ensure that her name is XXXXX XXXXX the mortgage.

I hope this helps and clarifies. Best of luck.

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Customer: replied 4 years ago.

Should she move out before the refinancing is settled?

Hello and thank you for your follow up.

Should she move out before the refinancing is settled?

Since she does not want the property, then it really does not matter whether she relocates or not prior to this matter being adjudicated - it makes no difference here, so, it is her decision.

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