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Taking my name off title of property

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Anonymous Asked:

My husband and I have signed a separation agreement over a year ago. He still lives in the house and I wish to have my name off of the title to the house. He will not sign any agreement to sign my name off of the title. I propose to enter on title an "Notice" that I am declare I am not responsible for anything to do with the mortgage on this home. I will attach a copy of the separation papers to the notice as a schedule "B".

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Stuart Zukerman
5 years ago

Being on title to the house does not make you liable for the mortgage. If you signed the mortgage with the bank originally, then you are liable under the mortgage until the bank either agrees to remove (release and discharge) you from liability under the mortgage or until the mortgage has otherwise been discharged. No agreement between spouses can have any legal effect on the spouses respective liability under existing debt instruments to other parties or financial institutions (unless that third party creditor has also executed the same agreement under which the creditor agrees to discharge or release the liable spouse from their liability to that creditor. Filing a “Notice” as you describe has no bearing whatsoever on your liability under an existing mortgage.

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