lawyers - real estate folks, help

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tygra

Cathlete
Hi!

As most of you know, I just bought my first home with my fiance. Now, I'd like to get the ownership in my name only - how do I do that - is it just go to register of deeds and have him sign off and leave the mortgage in both our names for now - would this mean I own the house 100%? or, do I need to do both?

TIA
 
Jane Congratulations on home ownership!! (And on your fiance too, lol!) May I ask what you are trying to accomplish with the ownership transfer, and what state you are in?
 
Hi,

the reason I'm looking to do this was that we purchased it in March and he has just now informed me he had an affair....
 
If he signs a quit claim deed you may be able to record it just in your name. Depending on your financing and what state you are in it may throw up a red flag for your bank. If you both are still paying the mortgage and he stops paying his share, the bank can foreclose and it will damage your credit as well.

The question is, would he even be willing to sign over the house to you while he is still on the hook for the mortgage payment? Aside it would always give him an excuse to get in contact with you and if you want him out of your life because of his behavior/affair, it may be in your best interest to cut all your ties with him.

The easiest way to get him off would be to refinance your home and get a mortgage in your name only. If you can qualify on your income only that's probably your best bet.
 
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If both you and he are on the deed AND the mortgage note, you need to check the terms of your mortgage as well; even if he were willing to QCD his ownership interest to you (which is highly unlikely), that might violate the terms of the mortgage loan agreement which you both signed. Much along the lines of what Carole / Hiitdogs noted.

I do think you need to check with a competent attorney who is practiced in real estate and family / relationship law; the laws vary wildly from state to state.

A-Jock
 
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