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Mortgage/Divorce question

NessiaNessia
in Austin Babies

I still live in our house that is in both of our names. This isn't a divorce because we were not married but did register as domestic partners. We were/are thinking about selling the house but we probably wouldn't get what we paid for it. I would like to just get his name off and he's ok with that. Is there a way to just make that happen without me having to requalify? Sadly my credit score is not good so I doubt I could qualify on my own. 

 

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Re: Mortgage/Divorce question

  • RevJGRevJG

    Unfortunately, no.  You can't just take his name off even if you both agree.  You will have to refinance in your name only. 

    ETA: I am talking about the mortgage, not the actual deed to the house.  

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  • EmerEmer member
    You should be able to use a quitclaim to get his name off the mortgage.  His signature is required, but it sounds like he's willing to do it.  Getting the name off the deed is easy, the mortgage is the complicated part.  Is he trying to take claim any equity in the home?
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  • austxgrlaustxgrl
    imageEmer:
    You should be able to use a quitclaim to get his name off the mortgage.  His signature is required, but it sounds like he's willing to do it.  Getting the name off the deed is easy, the mortgage is the complicated part.  Is he trying to take claim any equity in the home?
    The quitclaim will reliquish any rights that he has on the house but, unfortunatley, they do not hold up well in court if he were to come back and want any profits that you might someday make from the house.  As everyone else said, you will have to re-fi to get his name off the mortgage.
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  • EmerEmer member

    imageaustxgrl:
    imageEmer:
    You should be able to use a quitclaim to get his name off the mortgage.  His signature is required, but it sounds like he's willing to do it.  Getting the name off the deed is easy, the mortgage is the complicated part.  Is he trying to take claim any equity in the home?
    The quitclaim will reliquish any rights that he has on the house but, unfortunatley, they do not hold up well in court if he were to come back and want any profits that you might someday make from the house.  As everyone else said, you will have to re-fi to get his name off the mortgage.

    I've only done it the other way (adding to the deed), but if he also takes his name off the deed, he gives up his rights to equity.  The quitclaim only releases his debt obligation, the deed releases his financial claim.  That's my understanding, at least.

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  • Ruby44Ruby44
    I just went through this. You have to refinance in order to get his name off. I tried everything else - quit claim deed, etc.
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  • 2H2L2H2L member
    What do you mean by registered as domestic partners? If you filed a declaration of informal marriage, that is a marriage and you have to go through divorce proceedings. (I can't remember if you explained it before?)
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  • NessiaNessia
    We registered as domestic partnership in case his insurance required it. Texas has this for same sex couples I believe. We weren't common law since we never declared ourselves as husband and wife and we didn't share bank accounts either. I hate this, I should have taken care of my credit. 
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  • 2H2L2H2L member
    Ok, just making sure. :)
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