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Loren, Lawyer
Category: Family Law
Satisfied Customers: 33042
Experience:  30 plus years of experience.
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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: 6 years ago.
Category: Family Law
Expert:  Loren replied 6 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 6 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 6 years ago.
Yes, any current lenders would need to be repaid or consent to the change.
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