December 2017 // Real Estate & Home Builders Guide // 15E
How to handle mortgage payments
and title transfer after a divorce
By Ilyce Glink and Samuel J. Tamkin
Tribune Content Agency
Q
: I have been divorced for eight years.
My ex-spouse still lives in the house we
both own. I was OK with it for a long time,
but now my ex-spouse is out of work and
can’t pay the mortgage. And, of course, both
our names are still on the mortgage.
In our divorce agreement, we both agreed
that he would be allowed to stay in the house
for a year. After the year, we would sell the
house and split the money. He can’t seem to
move, and I don’t want to take him to court.
I’m willing to have him keep the house. I
just want to pay off the mortgage and get my
name off of it, as it is the only thing keeping
us in contact.
If I pay the loan off (the balance is less
than $5,000), will that release me from all
responsibility regarding the mortgage, deed,
property taxes, etc. if he still lives there?
: You’re kind to let him keep the house
and even put more money into the pot
well beyond what is called for in your divorce
settlement.
A
Here’s the good news: You’re right. If you
pay off the mortgage, you will end up no longer
having any responsibility relating to a loan on
the home. But you’ll still need to give your
ex-spouse title to your share of the home. As
you are both still owners on the home, you’d
want to convey your ownership interest to him.
Once you no longer have a loan on the
property and you no longer have an ownership
interest in the home, you’d be free and clear of
any responsibility relating to the home.
You can order a payoff letter (also called a
demand letter) from the lender and send the
lender the exact amount owed on the loan by
the date required under the payoff letter. Once
you’ve done that, you’ll be done with the loan.
Simply call the number on your mortgage
statement and order the payoff letter. Follow
the instruction on the payoff letter to make
sure that the lender gets the right amount by
the right date.
Once you take care of the lender -- and you
can take care of the lender and the title to the
home at the same time -- you can have a quit-
claim deed prepared conveying your interest
in the home to your ex-spouse. You can take it
DOUBLE BAR F RANCH - MALHEUR COUNTY, ONTARIO, OR - 115 acres,
66 acres irrigated. Pond, 2,500 sq. ft. home, and outbuildings. Wildlife, views,
6 miles from Ontario. $550,000. RG#01915
SIMPSON ROAD DRYLAND WHEAT
FARM - Umatilla County, Pendleton,
Oregon-316.32 acres at the junction
of Stage Gulch and Simpson Road in
dryland wheat production. In 2017, the
Seller produced 97 bushels per acre.
$270,000. RG#02917
REDUCED - ELKHORN MOUNTAIN
GETAWAY RANCH - BAKER COUNTY/
BAKER CITY, OR - 230 +/- acres timber
parcel located between Rock Creek and
Muddy Creek. Adjacent to ODFW area
at the base of the Elkhorn Mountains.
Buildable. Located 8 mi West of Haines.
$229,000 RG#00717
BAKER VALLEY RANCH - BAKER COUNTY, HAINES, OR - 88.98 acres
nestled at the base of the Elkhorn Mountains. This picturesque property has a
large main house, several outbuildings, hay/livestock barn and cattle working
facility. The remainder of the property is a beautiful irrigated grass pasture
which has been used for hay production and livestock grazing. Call Travis or
Blake 541-278-4444. $549,000. RG#03116
SHADOW RANCH - GRANT COUNTY, JOHN DAY, OR - REDUCED - 168.6
acres. 4 irrigated ac. fenced into 4 pastures. Home, shop, horse barn and
shed, riding arena. Abundant with wildlife and excellent shed antler hunting.
$525,000. RG#01017
TIN PAN MEADOWS UMATILLA COUNTY, WESTON, OR - Investment
opportunity. 102 +/- forested acres off of Hwy 204 south of Walla Walla. 65
acres are zoned FR (Forest Residential) which allows for the development of
5 acre tracts. Power to the property and a good well. Lots of wildlife. May be
suitable for a conservation easement. WMU 54. $525,000. RG#02416
a step further by recording or filing that quit-
claim deed with the local office where the
home is located that handles property records.
Recording the quitclaim deed puts the world
on notice that you no longer have anything to
do with the property.
With the deed recorded and the loan paid
off, you should, in theory, be done with any
responsibility relating to the home.
If there are other liens on the home or other
issues that relate to the home that came up
during your ownership, you could still have
some responsibility for those issues. However,
those issues are usually rare. For example, if
someone tripped and fell on the property
while you owned it, the insurance carrier you
had while you owned the home would cover
that claim, but the person that sued would
have sued you and your ex-spouse. You would
have been sued as an owner of the home.
As you approach this issue, you might want
to make sure that you do a little digging to
make sure there are no unexpected surprises
once you put money into paying off the loan
and transferring ownership of the home to
your ex-spouse. Good luck.
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Dan Ceniga, Agent
1704 SW Frazer Ave
Pendleton, OR 97801
Bus: 541-276-3182
dan.ceniga.b739@statefarm.com
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0907508.1
MISSOURI GULCH DRYLAND WHEAT/CRP FARM - REDUCED - 394.73
total acres of which 172 acres are enrolled in CRP through 2022 with balance
of acres in production. The farm is located in the Missouri Gulch area,
northwest of Pendleton. Clean farm. Production records available. $335,525.
RG#02914
BIG BUTTERCREEK CRP - MORROW COUNTY/ECHO, OR - CRP income
property. 186.9 acres of land with 157.7 acres of CRP. Annual CRP payment of
$10,992 with power and well located on the property. CRP contract runs through
2020. The balance of the property is range pasture. $295,000. #RG03515
SKEELS PROPERTY - UNION COUNTY, UNION, OR - Secluded buildable
80 +/- acres near Tollgate and the Spout Springs Ski Resort. Mixed timbered
and open parcel on the breaks of Lookingglass Creek. Forest Road access
is seasonal. Bordered on 2 sides by Umatilla National Forest. Great view
property. WMU 56. $290,000. RG#02316
BALLARD CREEK - BAKER COUNTY/OXBOW, OR - 160 acres hunters
paradise surrounded by BLM xand NF 3 sides. Good water and timber. Zoned timber/
grazing. $160,000. #RG01916
Pilot Rock Irrigated Acres, Umatilla County, Pilot Rock, OR - REDUCED -
76 +/- deeded ac / East Birch Creek running through the property. 63.3 acres
containing water rights. 27 ac alfalfa and grass mix and 37 ac wheat hay.
Irrigated with 3 wheel lines & sub-irrigation. 40’x46’ metal shop, equipment
yard and 2 wells. Buildable lot within the city limits. $385,000. RG#01517
RECREATIONAL JOHN DAY RIVER FRONTAGE PROPERTY - SHERMAN
COUNTY, WASCO, OR - SOLD - An opportunity to have a 37.5% shared undivided
interest in 192 acres along the J River. Located near Wasco, OR. This property offers
a variety of leisure opportuniti es such as hunting, exceptional fishing, rafting, hiking,
and family fun. $85,000. #RG02816
SADDLE MOUNTAIN CRP FARM - UMATILLA COUNTY, MILTON-
FREEWATER, OR - 287.30 ac with 143.09 ac in CRP. Multiple developed
springs, buildable home site, LOP tags for Walla Walla Unit. $350,000.
RG#01617
The Whitney Land Co.
State Farm Fire and Casualty Company, State Farm General Insurance Company, Bloomington, IL
STEVENSON FARM #1 - UMATILLA COUNTY/PENDLETON, OR -
Development potential on this 76.37 acre parcel. Zoned to allow the creation
of 4ea nine acre lots with 40+ acres of river bottom remaining for recreation.
$350,000. RG#02415
OLD RATTRAY RANCH WEST - GILLIAM COUNTY, CONDON, OR - 39.75
total acres. Property consisting of 612.27 acres of range, 229.52 acres
currently in wheat production, and 97.96 acres of CRP. Abundant deer and
upland birds with occasional elk. $385,979. RG#02516
HAWKINS PARCEL 1 - Umatilla County, Pendleton, OR-11.6 acres of dryland
pasture, 7 miles NW of Pendleton. 3 bedroom, 1 bath home with laundry area
and deck. Large shop with multiple large overhead doors and living quarters.
$385,000. RG#02817
Stan Henderer, Agent
33 SE Dorion Avenue
Pendleton, OR 97801
Bus: 541-278-0880
stan.henderer.lo18@statefarm.com
SEE BACK PAGE
KENNEWICK HORSE PROPERTY
- BENTON COUNTY, KENNEWICK,
WA - 6.29 acres with an indoor
arena, horse barn, shop, with a new
2,254 square feet of home, built in
2009 with too many amenities to list.
A must see! $625,000. RG#02916
THE CATHERINE CREEK PROPERTY
- UNION COUNTY, UNION, OR -
325.97 +/- acres. Timber parcel with
½ mile of Catherine Creek. 1 mm BF
timber per 2010 cruise. Adjacent to
USFS. Downstream from wilderness
access area. 11 mi south of Union.
$499,000. RG#02614
101 S.E. 3RD • P.O. Box 1614 • PENDLETON, OR 97801
Phone: (541) 278-4444
E-Mail: farms@whitneylandcompany.com