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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12620
Experience:  Attorney experienced in all aspects of family law
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My wife and I want to divorce,and she wants out of the house

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My wife and I want to divorce,and she wants out of the house and everything.I have no problem with that.It was her cerdit that got this home but it was my money,where do I stand as far as getting the home into my name,because she wants her name off everything when we part. thank you
Hello there:

When you ask about "getting the home into [your] name", are you asking about the title, the mortgage, or both?
Customer: replied 6 years ago.
I was speaking about both things title and mortgage.
Hello again:

Nothing would prevent title to the home changing, but the only way to change the name on the mortgage is to refinance it into your name alone. The mortgage is a contract between the lender and each party to the mortgage, so the obligations of each party to the lender does not change regardless of the divorce.

Your situation is not uncommon in a divorce; the way that the parties usually deal with it (if the house is not sold) is to agree (by court order) that the home will be refinanced in the remaining owner's name as soon as it is economically possible and that if the owner is unable to make payments then the home will be sold.

Let me know if I may be of further assistance. Thanks.
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