Delete Name Field from the Divorce Settlement Agreement and eSign it in minutes

Aug 6th, 2022
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How to Delete Name Field from the Divorce Settlement Agreement

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hey guys brent boyer again from adam so i wanted to talk uh you know lets talk divorce i want to talk today about an issue that came up when i was meeting with a client um someone that had we had not done his divorce case but he came to us after the fact about a year later and was looking for some advice and guidance on what had gone on with the house and how they settled the property and the property settlement that they did in the divorce case and what exactly went on and what to do from there so please remember to like and subscribe to the video that would help so person uh this client got divorced and he made an agreement in his divorce that he was going to buy the house and they had this whole thing worked out of how much money he owed his ex-wife for some buyouts on some personal property and some other things and a whole arrangement set up that he would keep the house and then he was going to live there buy out her share of the equity and buy out i think it was like a car and s

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There are two ways to remove an ex-spouse from a loan: Release and refinance. A lender may release the ex-spouse from the loan. If presented with a divorce decree and a quitclaim deed, many lenders will remove the ex-spouse and leave the loan in the name of one spouse only.
It doesnt matter whose name is on the deed or whose name is on the mortgage. Nine times out of 10 what matters is when the house was purchased and with what type of funds it was purchased.
Can I have my spouse on the title without them being on the mortgage? Yes, you can put your spouse on the title without putting them on the mortgage. This would mean that they share ownership of the home but arent legally responsible for making mortgage payments.
Adding someone to a deed means transferring ownership to that person. The transfer of ownership can occur during life (with a regular quitclaim deed, for example) or at death (using a lady bird deed, transfer-on-death-deed, or life estate deed).
The two documents that are recorded in the county the Deed and the Mortgage must match exactly. Both Jane and Johns names would be included on both of these documents. The Note, however, may be different, and acceptable for the lender to only require Janes name and signature.
If your name is on the deed but not the mortgage, it means that you are an owner of the home, but are not liable for the mortgage loan and the resulting payments. If you default on the payments, however, the lender can still foreclose on the home, despite that only one spouse is listed on the mortgage.
Removing a borrower from the loan doesnt change the way the property will be titled nor does it prevent the person removed from being released of any liability should something happen to the primary borrower. Removing a borrower simply removes the lower credit score from being used when rate pricing.
If your name is on a deed to a house, then that means that you are the property owner. Having your name on a deed means that you have property title, which represents a set of rights you have as a homeowner.

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