Refinance house after divorcewho pays?

Annett
I have been divorced for 8 years. My ex husband kept the house and paid me out the agreed upon equity in the home. However, he never refinanced the home into his name. I did file a quitclaim and the title is in his name. Now I am trying to buy a new home and need my name off that mortgage. He is saying it will cost 660 bucks to remove my name from the mortgage and wants me to pay for it. WHO pays for this in a divorce? Its not stated in our divorce decree. I told him since my name is still on the mortgage I could force him to sell it to remove my name. I dont think I should have to pay. Or, should I? I live in the state of IA.

Adah
First, the quit claim deed only states that you have no further financial interest in the HOME should HE sell it. It also MUST have been filed in the county where you LIVE to be on public record. It has NOTHING do do with 'taking you off the mortage. The ONLY way to do that is by re-financing into a loan that is ONLY in his name. That being said:If he paid you $$$ out of the equity (and did not have the money laying about to give you) then he HAD to obtain a second mortgage or line of credit on the house. TO do that, he HAD to either apply for the loan on his own (supplying them a copy of the quit claim deed and divorce decree as proof you are not part owner of the home and are divorced) or he FORGED your signature on the documents. Now I know that when they do that stuff you need both parties there, so we can assume that he did NOT forge your name to get the loan.Plain and SIMPLE, it was HIS RESPONSIBILITY to notify the LENDER of the first mortgage of the fact that you are no longer on the LOAN. You essentially gave him the house in GOOD FAITH, based upon his payment to you, that he would remove your name FROM the DEED and MORTGAGE. He failed to do so, so now he must do it. If he refuses, you can do several things...Contact the lender and explain to them the situation because it is apparent that Mr. Idiot did not do that. Provide them copies of the divorce decree, quit claim deed, and any other pertinent information. They MAY waive the fee and just remove you FROM the mortgage.I went thru this about two years ago.My ex split and wanted no part of the home, and we had it financed in both our names and both names are on the deed. We agreed to a monetary settlement that I would give her out of the equity.I could not, howver re-fi the house or do anything else with it UNTIL they got the divorce decree. I did get a quit claim deed from here, and I filed it with the county recorder's office for $10. No lender would touch the mortgage or even a line of credit WITHOUT a divorce decree. Hence my puzzlement regarding his ability to 'pay you' out of the equity. I suspect he did not even do that, that he got the money someplace else and there is no second mortgage or line of credit. Otherwise, he may have opened it with the current lender without your signature. Something the first lender may want to know anyways...anyways, I digress...Only THEN could I approach a lender to re-fi the house. They required the decree and deed, as I indicated, and I got my own financing, and made the payment as agreed upon in the decree. And now the mortgage and deed is in my name only.So it appears he was LAZY and it has caught up with him.If he will not cough up the money to get you off the mortgage, you should consult an attorney to get him to do so. Then not only will he have to cough up $660 but your attorney's fees as well. Tell him the choice is his. Or offer to compromise first, say offer to pay 1/3 or $220. If he refuses, then offer another amount YOU are comfortable with. If he still refuses, then tell him he can pay the FULL amount and attorney's fees. Do NOT be in a RUSH to 'buy a new home' or he will pick up on that and stall and stall and stall. Wait until EVERYTHING is free and clear.

Jacqui
You need to contact your attorney because he should have refinanced when he was awarded the house in the divorce. I was awarded the house in our divorce, even though my name was never on the deed or mortgage, and it was a mess. But I had 30 days in which to refinance, and that was spelled out in our decree. Call your attorney ASAP.

Alfredo
I agree with justagirl you should have been off the mortgage with a month or two after the divorced. It should have been stated in the decree.Your Attorney screwed up big time.However is only $660 take the high road pay it and you'll never have to worry about it again.

Brittaney
you can pay it to get it done. you can ask him to pay half, but you are responsible for it.

Ayana
I think you should turn around & put the house on the market with a realtor that would kill him

Joann
Normally, both share in the expense.

Jae
Why don't you split the cost...that's not a lot of money really and certainly not worth fighting about.

Gerald
I guess if you want your name off the mortgage bad enough, you should pay it. There is no "rule" as to who pays it but it IS your fault for not having him do it sooner.EDITED: Your name is not on the title. You have no legal claim for anything, you can't even put it on the market. You only have a legal responsibility for the mortgage, not the house. In all honesty, you screwed up when doing the quit claim and not making sure he was refinancing.Feel free to email me at msannw@yahoo.com