Is there a legal way to transfer the mortgage / title of a home that is co-owned by a divorced couple to a single party?

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Is there a legal way to transfer the mortgage / title of a home that is co-owned by a divorced couple to a single party?

Anonymous Jul 28, 2016 Business 3 views 2 answers

The couple divorced appr 15 years ago, because the husband decided to go with his mistress and abandon his family. He had taken a second mortgage on the house shortly beforehand to fund his affair. His wife was not aware of at the time, found out at the divorce proceedings. They have since split the payments on the mortgage equally despite his saying he would cover it entirely. Now the ex-husband is threatening to stop payment of his part of the mortgage and have his ex-wife's home repossessed by the bank if she does not pay the full amount. Knowing she cannot handle the payment with her limited income, he suggests the three children split the payments so that their mother can stay in her home. Is there a legal way to transfer the title / mortgage solely into the mother's name (she has lived there with her kids without him for the last 15 years) so that he can no longer threaten her emotionally with eviction from her own home?

Leonard Boyer · Accepted Answer · 2026-06-15T17:23:32+00:00

The Deed to the property and the mortgage are two separate legal instruments. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced PR Mortgage Foreclosure Defense and Divorce attorney. Use 's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.

Nelson Alvarezaponte · Accepted Answer · 2026-06-15T17:23:32+00:00

Good afternoon and thank you for using . Under Puerto Rico law this property and mortgage is common property which means the ex husbajd is legally binded to pay his share. The property belongs to the society of goods created by both the ex husband and ex wife. One needs to verify if there are children under the age of twenty one or students under the age of twenty five living at the property since if these exists the courts will obligate the ex husband to continue to pay the mortgage as part of child support. There may also be some alimony (pension pende litis) issues to be litigated in court. You must contact an Attorney in Puerto Rico to clarrify these issues before any other action is taken. Now for your peace of mind, yes there are various ways to change the title of property to just the ex wife's name. You must remember that the parties still have a pending legal issue between them which is the liquidation of the marital property now legally known as the community of goods created by the now defunct marriage. Both parties in this now community property society have an equal right to the value of the property, equity value. This value is calculated by real market value minus real mortgage value equals real equity value. Please be sure to contact an Attorney in Puerto Rico. The going consultation rate is $ 50.00. Feel free to contact me for further assistance on this legal matter. Thank you and good luck.

Is there a legal way to transfer the mortgage / title of a home that is co-owned by a divorced couple to a single party?

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