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    I Am Getting A Divorce. The Judge Wants To Sign A Quit Claim Deed. My Ex-husband Will Be Paying The Mortgage. How Will I Be Able To Collect That If I Sign A Quit Claim Deed At The Time Of The Divorce?

    In Aug of 09, I am supposed to receive $7,000 from the marital home. My name is still on the mortgage until my ex-husband sells or refinances the home in Aug of 09. Also what is my liability for the mortgage if I sign this quit claim deed, but my name is still on the mortgage?

    asked 11 months ago

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    The problems of breaking-up! If your name is still on the mortgage you will have problems as long as the situation is what it is, you on the mortgage! If your X doesn't pay the lenders can still pursue you, even with the paperwork! The problems of a broken marriage are long lasting indeed. If I were you I would insist on the refinance or sale now to remove your name. The open issues will plague you for sure; been there and done that and it is not fun. Even issues that have nothing to do with the X but because you were once married, will come back time and again after the divorce. It is not fun!

    answered 11 months ago   

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      Having gone through divorce, I can say that it is never easy. It is real amazing how things come down to possessions and how many fight over who gets what. I am not saying that this is what you are doing but this is just what I have seen from my ex and the many others that I know that went through it.

      If I were you, I would be speaking to an attorney about this instead of asking opinions on blurtit. It sounds as though you are risking a great deal on your ex keeping up on payments with your name attached to it. I would also contact the lender to see what they say about it and hoe you might be able to withdraw your name from the loan. Once your name is off the loan, then make sure that the money transfer is listed in the divorce decree without attached statements (things like 'when the house is sold' and such). If you obtain an attorney, they will make sure that you are taken care of in this matter. It may be expensive up front but the long term value add that you will get is well worth it. Even if you have to scrape the bottom to get things lined up.

      answered 11 months ago   

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