House is mine, mortage is in his name.

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halfpast

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NJ-- My husband and I are getting ready to get an "irreconcilable differences" divorce after 3 years of marriage. We are both strangely amicable and have divided the property fairly between us with zero disagreements. I am to get our home (which I've paid on the past 16months, put the down payment on) and he's to get his massive 401k (which I practically built for him). I am raising our daughter as primary custodian there. The problem is the the mortgage (which has another 10 years left), is solely in HIS name because I was having credit difficulties at the time of refinance, although I have perfect credit now. I signed a quitclaim dead, etc. Now that we are divorcing, I am TRYING to avoid incurring the massive (2k-3k) fees the mortgage company wants to charge to put the house in my name even though he has offered to absorb this cost.

Does anyone know of a premade document that I can get that states I am and have been financially responsbile for my home and it legally belongs to me regardless that his name is on the mortgage? Would a quitclaim singlehandedly do this? OR, would it be possible to draft such a letter than states this and guarantees he can't claim ownership of the house, and will transfer the title when the mortgage is paid in 10 years? I don't know how amicable we'll be in 10 years.

I am under the impression that if we simply sign off/agree to it in the papers the fact that we have a child together and I am raising her in the house and assuming the financial responsibility of it makes it mine. I DON'T need advice on whether or not the arrangement is fair (trust me it is) or how it will effect his credit (we've discussed this). I simply want to know how (if possible) to do it.

Thanks in advance!
 
If his name is on the mortgage he is going to want it removed. The only way you can do this is with a refinance. His credit will be ruined if his name remains on it and you are late makingf payments. So a quit claim will not remove him from the mortgage, just the deed.
 
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