Posted this on another site and needed as much info as possible thank you.... I live in Washington (State) in the US... King county.
Ok so here is my delema.... My husband and I are going through a divorce. We will be legally devorced on Aug. 18 2008. He chose to buy me out and we have had no disputes, I'm not taking alimony or spousal maintenance we agreed on all property which made this easier but one thing I am misunderstanding...
In our divorce papers it state:
Under my name for the division of property it states.....
"$4500 as payment for her interest in the real property awarded to the Respondent. Payment shall be made in full by : the day her name is removed from the title."
Under his name for the division of property it states....
"All right, title and interest in and to the residence and property located at (the house address) together with all rights and benefits related to said property and subject to any encumbrance and/or obligation owing thereon."
Also in our divorce documents it has the hold harmless provision...
"Each party shall hold the other party harmless from any collection action relating to separate or community liabilities set forth above, including reasonable attorney's fees and costs incurred in defending against any attempts to collect an obligation of the other party."
Simply right?? NO....
So he called the title company to find out how to switch over the title.... We have to pay a $300 fee for the attorney that takes care of that, ok no problem. But now the morgage company wants $2200 to take my name off the morgage.
My Question...
Am I responsible to pay for or split the cost of my name removal off of the morgage? The more detail I can get about this the better, I appriciate all and any response made.
Ok so here is my delema.... My husband and I are going through a divorce. We will be legally devorced on Aug. 18 2008. He chose to buy me out and we have had no disputes, I'm not taking alimony or spousal maintenance we agreed on all property which made this easier but one thing I am misunderstanding...
In our divorce papers it state:
Under my name for the division of property it states.....
"$4500 as payment for her interest in the real property awarded to the Respondent. Payment shall be made in full by : the day her name is removed from the title."
Under his name for the division of property it states....
"All right, title and interest in and to the residence and property located at (the house address) together with all rights and benefits related to said property and subject to any encumbrance and/or obligation owing thereon."
Also in our divorce documents it has the hold harmless provision...
"Each party shall hold the other party harmless from any collection action relating to separate or community liabilities set forth above, including reasonable attorney's fees and costs incurred in defending against any attempts to collect an obligation of the other party."
Simply right?? NO....
So he called the title company to find out how to switch over the title.... We have to pay a $300 fee for the attorney that takes care of that, ok no problem. But now the morgage company wants $2200 to take my name off the morgage.
My Question...
Am I responsible to pay for or split the cost of my name removal off of the morgage? The more detail I can get about this the better, I appriciate all and any response made.
