Really Stupid Question

[Rob-NC]

that I SHOULD know the answer to.

Through all the chapter 13 etc, I went through a divorce (when it rains is pours). I got the house etc.

My question, now that the chapter 13 is discharged etc, do I have to re-finance the house to get her name off of it?

[AMISLANDER]

I would think so?

that I SHOULD know the answer to.

Through all the chapter 13 etc, I went through a divorce (when it rains is pours). I got the house etc.

My question, now that the chapter 13 is discharged etc, do I have to re-finance the house to get her name off of it?

...and for a lot of us ...it's still pouring!

When I got divorced, the house was definitely refinanced by my Xhusband...doesn't sound like a bad idea...

[Bobby'sGirl]

My brother had to get his ex to sign a quit-claim deed and then refinance to get her off the mortgage.
Good luck in your new lives!

[Anj]

HEY - wow, I have a ton of questions for you!!! Although I can't answer yours (sorry)

I am going to go thru a divorce within the next 6-12 months and we are in month 6 of a 100% payback 13 - we will have enough equity and will have paid down our debt enough to refi out of the bankruptcy - or pay off 100% and walk away.

Question for you is - how did they "divide" the debt while in 13? Did you all live there and just keep paying together? How did they actually do all that???

I have not yet spoken to a divorce attorney because I just have no clue how crazy this will all get - My BK attorney said he will represent us both thru and after the divorce IF it stays civil and there are no issues.

Sorry to hijack your post - but this intrigues me!!!

[Rob-NC]

Anj,

First off I want to say Im sorry you are getting ready to go through a divorce!

Let me back track and see if I can get everything straight for you from my begining.

1. We entered the Chapter 13 July of 2001. Typical case....racked up 80+K in unsecured debt (only thing in our entire case that was secured was the house).

2. We elected to have the Trustee withdrawl the payments by auto draft from her account each month. She was paid 1 time a month and I was twice a month. Was easier to have that payment come out of hers.

3. Things rolled along (not fine, but along)

4. About 2 years into the chapter 13, we decided things just were not working for us, and that Chapter 13 didnt really solve our disagreements over money.

5. We both had been friends a LONG LONG time. married 13 years, but were friends for close to 20 of those. We had two FANTASTIC KIDS!

----so its a divorce with children----

6. We sat down and decided that we were in agreement with how everything was to be divided. Since she was the one wanting to leave etc, she would give up rights to the house etc.

7. All our debts were all part of the Chapter 13, there were no debts to divide, with exception to any new medical bills that might come up with our two boys

8. We decided that we could do the divorce on our own without any lawyers. So I did the paper work and research on it all. I got the house etc. However, I also demanded primary custody of the children (granted its still a joint custody, but Im primary and also have the tax federal tax deduction claim). She agreed to that etc

9. We split up any remaining bills that were not apart of the chapter 13. Again, majority of those were some hospital bills and other misc items. I would pay a majority of those and she would in turn, leave the Chapter 13 payment to come out of her check. (it balanced out to be about the same from each of us each month).

10. In regards to child support. Well...I have a pretty good job and am secure (as long as I dont screw up). So we decided that since neither of us needed that, she would cover the kids medical insurance.

11. As long as the trustee got their payment each month, there should have been no reason for them to have gotten involved with the divorce (which they didnt).

Soooo.....(now that I have forgotten where I started).

Chapter 13....mid way through divorce. we had no arguements about what was to be divided and where the children would go etc. So we filed for divorce ourselves. (granted the judge said it was the first time in 20 years that he had ever seen anyone do it themselves, and he had to sit there for 15 minutes reading our agreement.....that was MOST miserable!!! standing there in front of him...in front of 80 other people in court).

We or rather she kept paying the trustee, and I used some of the difference of her doing that to raise my boys. They are with me 5-6 nights and days out of every week.

Definately keep it civil Anj if it comes to divorce, you are already under stress and dont need to add additional things to your plate! Let me know if I can answer more....or if I ddint cover what you wanted to know....will answer just about any question you have.

[SinkingFast]

I agree with the other posts. You're gonna have to refi to get her name off the Mortgage.

Maybe best to contact a local Title Company about how to get her name off the Deed/Title. A Title Company should be able to tell you and you won't have to hire a lawyer to handle it for you.

Quick or Quit Claim Deed may do the trick. Just have it filed along with your refi paperwork so the new Deed/Title is issued in your name alone.

[Anj]

rob - I forgot to say - congratulations for making it thru the 5 years - that is amazing... I never considered to just keep paying it and cut it in half or assume the debt 100% - hmmm - that's a thought.

Well - good luck to you as well...
Ang