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Law Offices Of David Bliven
Law Offices Of David Bliven
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Husband Added To House Title But Not Mortgage

  • By: David Bliven, Esq.
  • Published: March 14, 2017

Q: Hello. My soon to be ex-husband was added to my house title which was only in my name (now in both our names). He is not in the mortgage (only me). I am about to get divorced and I am staying in the house. I intend to live there for another 5 years. Can I sell the house without getting him involved in the future since he is not in the mortgage? Or do I need to get him off the title (I would prefer not to since it is costly); if I can have him write a notarized letter that he is giving up rights to the house I would prefer that. Is that feasible? Please advice

A: David’s Answer: He can certainly consent that his name come off the title, but unless its a premarital residence, he’d still generally be entitled to a share of its value in the event of divorce. A mere “notarized letter” would be insufficient for him to waive his rights in the house – only a valid separation agreement would do that. Schedule a consult with a Westchester Divorce attorney for a full assessment.

David Bliven, Esq.

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