ex-wife wants off mortgage???

I bought a house in 1999 and my “then-wife” was part of the mortgage. We divorced and my attorney had her sign a “quit-claim” deed, that supposedly gave me the house. I have continued to make the mortgage payments but her name is still on the mortgage.

She now says this affects her credit and wants her name off the mortgage.

Can I get her name off the mortgage without refinancing the house and incurring loan expenses? How?

What can she do if I take no action?

Can’t get her name off. You have to take out a loan in your name only.

Not sure what she can do if she didn’t make you agree in divorce settlement to refinance under your own name. Her dumbass lawyer should have included that in any agreement.

Suppose she could stomp her feet.

A quit claim only takes her name off the property itself. She’s gotten herself in the unenviable position of being responsible for a loan but has no legal right to the property.

It will affect her credit.

Look into refinancing. You might be pleasantly surprised. The interest rates are so low nowadays that refinancing is a really smart thing to do, even if you do incur some loan expenses. There are also no-expense loans.

Pretty much what Philster said logistically. BTW unless it’s an income quaification issue where you would not qualify for the house by yourself, why would you not want to re-fi? Rates are better than in 1999 and this could save you some major interest expense.

Also, some companies like Wells Fargo/Norwest have low cost/no cost programs where you can refi your existing loan at a lower rate at zero cost. I did this a year ago. and knocked about 65 bucks off my monthly payment. Check with the entity holding your loan and see if they offer a low cost program. You could also offer your ex-wife a deal where you re-fi if she pays for points and processing expenses.

I have to agree that her lawyer was a doofus for not insisting on this.

I should have added that they will occasionally do this because (assuming you are good pay) it makes more sense to keep you as a customer vs lose your loan to a competitor. If you are not perfect pay these programs are usually not available. You may have to call up and talk to 2 or 3 people about whether these no cost roll over programs are available as (based on my experience) some of the less experienced phone personnel do not know about them and they are not advertised.

Suppose I were to buy a house as a single man and put it in my name only. Say three months later I got married and for ten years payments are made on the house as a married couple. If a divorce came, would the wife have any rights to the house since we made payments on it together for ten years or would the house belong to me since it was in my name before and during our marriage.

The law varies from state to state. California law, for example, does not distinguish between assets acquired before the marriage and those acquired during the marriage. But generally speaking, I believe your wife would have rights to the house.

Well maybe, but hindsight is always 20/20. It was probably something all parties, and the judge, overlooked at the time. In my experience as a lawyer domestic relations judges here in Ohio are only recently insisting upon refiancing to clear one’s credit when the other party in a divorce or dissolution keeps the house.

Penumbra, in Michigan “my” house acquired as a single male now belongs 50% to my wife. I don’t know if it’s the whole house, though, or just the equity accrued since marriage.

I didn’t see it listed in here as an option, but when two people are on a mortgage, and one signs a quitclaim, they can get a release from the mortgage if both people work with the bank.

The experience of my friends who have done this is that the banks 1) are very reluctant to do this, 2) require some significant paperwork and time, 3) charge you a fee anyways, and 4) the effort of refinancing was about the same, and saved them money, so it was deemed silly to go the release route.

That having been said, there are exceptions, and it’s worth asking about.