Get house out of my name

some1inneed

some1inneed

New Member
I am currently going through custody battle. The house is under both mine and the ex's names. She has had a year to get mine off and has yet to. That has house has to come out of my name. How do i go about doing it and what do i need to file? Im assuming i have to file in the county the house is in. We were never married so i know i cant do it with custody trial. Ive even asked my attorney im using for the custody trial.
 
Using property in a vain attempt to leverage custody for yourself will do little to enhance your custody efforts. In fact, it'll probably make you look small, and concerned with things over the lives of your children.

If your name is on the mortgage, only the lender can decide if you get taken off the note. That rarely happens, but you need to discuss it with the lender. The court has no lawful ability to take you off a note, thereby invalidating a contract.

If you want your name off the title/deed, that's easy. All you need to do is gift your ownership in the property to the mother of your children. You can accomplish that by using a quitclaim to extinguish your ownership, if that's important to you.

I suggest you discuss BOTH suggestions with your attorney.
 
I never said i was trying to get it out of my name to help me get custody. Its hurting me trying to get my own place. I cant even get a $2000 loan because i am in too much debt. The only other thing besides the house that i have any other type of loan on is my truck.
 
some1inneed said:
I never said i was trying to get it out of my name to help me get custody. Its hurting me trying to get my own place. I cant even get a $2000 loan because i am in too much debt. The only other thing besides the house that i have any other type of loan on is my truck.
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Nevertheless, that's how she'll pitch it to get the judge to perceive it that way.

Nonetheless, you need to see what the lender is willing to do.

There are no legal remedies available to someone in your position.
 
The problem is that taken your name of the house doesn't solve the problem of your name still being on the mortgage.

If you quitclaim the house to your ex you are still obligated on the loan but without any advantages of ownership.

If you want to get rid of the debt you'll have to sell the house and retire the loan.

If your ex doesn't agree to the sale you can force the sale through a "partition" lawsuit.

Using a Partition Action to Divide Property Title Between Co-Owners - Lawyers.com

The downsides of a partition lawsuit is (1) It's expensive. You'll need a lawyer. (2) The court will order the house sold at auction where it is likely to be bought by investors at much less than market value and possibly less than you owe on it, which brings along even bigger problems.

PS: Who gave her a year to get your name off? You? A meaningless admonition, especially if she cannot qualify for a new loan (just as you can't).
 
I had given her a year so she could refinance. I did that so my daughter had a roof over her head when she is with her mother. I have contacted the lender before and they had said she would have to refinance. I know i didnt need to give her a year to refinance.
 
some1inneed said:
I had given her a year so she could refinance. I did that so my daughter had a roof over her head when she is with her mother. I have contacted the lender before and they had said she would have to refinance. I know i didnt need to give her a year to refinance.
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Yes, that's it mate.
Back to square one, as if nothing can be done.
True, because partitioning is your only remedy a court can offer.
This is why you don't put your name on anything, if its involved with another partry.
The exception could be if you're married, and that has its issues too.
The other is in a business partnership, or as part of some business arrangement.
Yes, that has many holes, too.
 
army judge said:
Yes, that's it mate.
Back to square one, as if nothing can be done.
True, because partitioning is your only remedy a court can offer.
This is why you don't put your name on anything, if its involved with another partry.
The exception could be if you're married, and that has its issues too.
The other is in a business partnership, or as part of some business arrangement.
Yes, that has many holes, too.
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Thats why i was skeptical about doing it in the first place but i was obviously dumb enough to do it. One things for sure though, itll be the last time. If we werent together AND had a kid i wouldnt have done it.
 
some1inneed said:
Thats why i was skeptical about doing it in the first place but i was obviously dumb enough to do it. One things for sure though, itll be the last time. If we werent together AND had a kid i wouldnt have done it.
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Good luck, mate, I hope you get it sorted.
 

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