Yes you can attempt to do this but the HOA suit is for dues payable for time periods when your name was on the deed. In otherwords taking your name off the deed at this time probably won't help. You probably should have filed with your husband.

Answer Applies to: California
Replied: 9/19/2011

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Your problem is that you must deed the house from yourself to someone else in order to "get off the deed." I suppose that you could deed the house back to the bank, if they were willing to accept. But your real problem is that your name is a mortgage and a note that the bank holds. Your husband has been discharged from his obligation on the note and mortgage. You have not been discharged. If you are unemployed and without assets, the bank will not be able to collect from you. If have a job and you don't want to be garnished eventually, you may have to at least consider bankruptcy. Go see a specialist. Lots of attorneys do not charge for an initial consultation.

Answer Applies to: Ohio
Replied: 9/18/2011

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If you did not file bankruptcy, you did not relieve yourself of any personal liability.

Answer Applies to: Indiana
Replied: 9/17/2011

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You can remove your name, but it won't stop the HOA suit. You'll still need to pay the HOA fees since your name was on the deed.

Answer Applies to: Colorado
Replied: 9/16/2011

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A dismissal means the case was not complete or has not finished. There is a lot more information needed to answer your question. You should talk to his attorney about the dismissal and the property.

Answer Applies to: Colorado
Replied: 9/16/2011

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When you surrendered the property, your name was effectively removed from the deed. Your HOA liability arises from the agreements you entered when you bought the property.

Answer Applies to: Mississippi
Replied: 9/16/2011

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As co-owner of the house you are responsible for the HOA debt.

Answer Applies to: Colorado
Replied: 9/16/2011

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The HOA can sue you even if you remove your name from the Deed now.

Answer Applies to: Georgia
Replied: 9/15/2011

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Your post makes no sense. If his case was dismissed, he was denied a discharge and the case was thrown out. Is that what happened? Regardless, you possibly made a mistake in not joining in his case, as his case did not protect you. Get a lawyer now and see what you need to file. You can't just remove yourself from deeds and since you have been sued you need counsel.

Answer Applies to: Georgia
Replied: 9/15/2011

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You can convey the house to him by a Quit Claim Deed by having the two of you sign as the grantors giving him the house. However, any HOA fees which have come due until you transfer out your interest are still your liability.

Answer Applies to: California
Replied: 9/15/2011

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No, you can't do that, and it will not help you anyway. The lawsuit has been filed. You might consider your own bankruptcy, because this will become a judgement against you. It does not matter that he "surrendered it". You and he still own it until it is foreclosed.

Answer Applies to: California
Replied: 9/15/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.