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Removing my name from the deed of the house, would my wife be responsible for my individual debts? Referring to a lien on the house?
The debt is only in my name. There is a mortgage. I know that it stays, only referring to remove myself from the deed.
should have added that we both are on the mortgage.
10 Answers
- loanmasteroneLv 73 years agoFavorite Answer
You are able to give your share of the house to anyone you so desire, even if you have a current mortgage on the house.
You would not able to remove yourself from the mortgage loan, even if you transfer your share of the house to another person(s)
If there is a lien against the house, this lien would remain against the house. Property liens are against the property not the individual.
Your wife not being responsible for any debts of yours would depend on if you are in a community property state or not. In some instances if you reside in a community property state, there might be reason for someone you are in debt to legally request tht your wife be legally obligated to repay the debt.
Also you would want to be careful in this matter. If it appear as if the transfer of this property was to avoid paying the debt, you could be in further legal problems.
If this is the case transferring your share of the house to your wife would not be beneficial to you at all.
The best protection to keep your personal debts from being part of the debts of your house, would be to place the house in a family trust. or a corporation. Normally a family trust is used for family houses.
You might want to speak with an attorney to see what your legal possibilities are in this situation.
#1. Transfer the house to your wife
#2.Transfer the house to a family trust or corporation.
I hope this has been of some benefit to you, good luck.
"FIGHT ON"
- Casey YLv 73 years ago
What are you trying to accomplish? You may this this is a way around something but it may not actually work the way you want. So, explain what you are trying to accomplish and we will attempt to assist.
- troLv 73 years ago
if you quit claim the property to her by removing your name, then she becomes liable for the taxes, nothing else, the deed has nothing to do with your other debts
the point is if you have debts if you are not paying them they will go to her for payment
I had a coworker who never changed her married name but was divorced from this dead beat a long time, but his debtors kept coming to her for payment simply because she retained the married name
- TiLv 73 years ago
Your mortgage is secured by the house, so re,moving your name from the deed without someone else re-financing it won’t fly.
What are you trying to do, file for bankruptcy and sticking the rest of us with the mortgage?
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- JackLv 63 years ago
What's the real question here?
The only way to remove your name from the deed and keep the existing mortgage would be if you and your wife got a divorce and she was awarded the property.
If you transfer any ownership interest in the property (other than through divorce or death of both of you), you will expose yourself to the very real risk that the mortgage will accelerate (they will demand the balance now).
- SlickterpLv 73 years ago
You cannot change ownership without satisfying the lien. In other words, you cannot remove your name, thus changing ownership to your wife only, without satisfying the liens - the lien, AND the mortgage. So you cannot remove your name so that the lien goes away, if that is what you are trying to do.
- MaxiLv 73 years ago
You can't remove your name from a deed, unless you are selling it and that means the liens ( mortgage and other charges ) would be paid before anyone gets any money........... you can't avoid debt you owe by trying to get rid of your assets
- babyboomer1001Lv 73 years ago
You cannot remove your name from a deed. The deed was recorded as is. That deed will NEVER change. The only way to void it would be through a new deed. However, with a lien on the house, you cannot sell the house, even to your spouse independent from you and you cannot "give away" real property. It can be sold for a nominal amount but, in this case, you are stuck with the lien on the house until it has been paid off in full and the house will remain in whoever's name(s) it is currently in until any and all liens are paid off. If you wait too long, the creditor could decide to execute on the judgment and foreclose on the house.
Source(s): Certified Paralegal, with 25+ years' experience. - 3 years ago
You cannot remove yourself from the deed.
Transferring assets to someone else when there is a lien does not do anything; the lien is against the property, not you. If there is a current lien, then the property is "frozen" until the lien is removed. You cannot transfer it, or sell it, and if you die, your heirs have to satisfy the lien to make any changes in the paperwork.