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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11364
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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So... Got divorced two and a half years ago but never really

Customer Question

So... Got divorced two and a half years ago but never really read through the paperwork all that close.
The house is in my name but the ex lives there with the kids (and new husband) and writes me a check every month to cover the mortgage (also in my name), which I pay.
According to the divorce paperwork, I was to file a 'quitclaim' but I never did...
Now I'm looking at buying a house with my new wife...
What does the quitclaim do to the current mortgage?
Do I need her to assume the current loan?
Is it easier for me to have her buy the house (at the current payoff + closing)?
How does this affect my credit?
Submitted: 5 months ago.
Category: Family Law
Expert:  Ely replied 5 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this. Please tell me - and this is very important - is she ordered to refinance into her name? Or, what is to happen to the mortgage, per the decree? This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Expert:  Ely replied 5 months ago.
Hello! Just touching base to see if you still needed an answer and if you could reply to my query. Thanks!

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