my wife is leaving is it possible to get her name off the morgage papers without her signing and how, was told that because she not paid a penny towards morgage it should be easy.
2006-10-29 02:44:10 · 24 answers · asked by okdude2004 1 in Family & Relationships ➔ Marriage & Divorce
No. In marriage its 50-50. Especially if kids are involved. Otherwise you'll have to 'buy her out' to keep her hands off the mortgage. The other possibility (but not in your favour) is to sell the house and divide the profit. Hope you have no kids together coz she can go for half of your pension too (if you have a private one), and everything else really. The system sucks in this country. Women are bitches when it comes to robbing the blokes off their hard earned money. P.S I am a woman, by the way, but strongly disagree with the way the system is set up!!!
2006-10-29 06:13:18 · answer #1 · answered by ribena 4 · 0⤊ 1⤋
first of all whether she financially contributed to the morgage or not is immaterial,if she can prove that either her wages paid towards the upkeep of the home/family or if she did not earn, it will be taken that her time spent as your wife caring for the home was a worthwhile contribution,also if you have children she will more then likely get custody of them and the house and you will have to still pay the morgage even if she desserts you,depending how much is left to pay on the morgage it may be in your best interests to refuse any more payments and let the house be repossesed,sorry theres no easy way out,you cannot get her name removed without her say so and even if you did it can be cancelled if she says she was pressured to do it under duress
2006-10-29 02:58:35 · answer #2 · answered by derekwilliamdallison 1 · 0⤊ 0⤋
In all honesty, I don't think it matters. either one of you leaving would cause a sad situation, especially when there are children involved. If it didn't work, it didn't work, those things happen. Look at him moving near you as a blessing, the kids will have access to both parents all the time. Stop worrying about him trying to get back with you. I know you may be feeling guilty for hurting his feelings, but sooner or later he's going to come to accept that it just didn't work and start to move on...they all do.
2016-03-28 00:44:53 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If you live in a Community Property state, then the only way that you can get her name off the Mortgage is if she signs a Quit Claim Deed. That says she no longer has any financial interest in the property. It does not matter if she made any payments or not...she is still a half owner in the property until she signs off on it. I would not suggest forging her name either....that would wind up up in Prison and her with the whole house.
2006-10-29 02:49:01 · answer #4 · answered by lildragonlexi 4 · 0⤊ 0⤋
Sorry. Once her name is on the mortgage, you can't take it off. It doesn't matter whether she's paid any of it. Talk to a lawyer ASAP. All of this is negotiable. You may be able to offer her something in exchange for the house - especially if she won't be able to keep up with the mortgage payments.
2006-10-29 03:29:04 · answer #5 · answered by Tiss 6 · 0⤊ 0⤋
You need a lawyer,but what is signed stays signed until she wants off or out of it,also she is going to most likely want some money out of the deal either from you or the sale of the house.Maybe you two should see a mediator and do this without a fight.
2006-10-29 02:50:58 · answer #6 · answered by Anonymous · 0⤊ 0⤋
it could be a very long process. My mum went through the same with my dad. The house was finally signed over to her last year & my dad left several years ago. It was a long hard battle cos my dad would not cooperate. It all went to court & a judge ruled the the house be by mums as she was the one paying the mortgage. Without your wifes signature it could be a battle to have the house signed over to you as the sole owner. good luck.
2006-10-29 02:51:17 · answer #7 · answered by vic 4 · 0⤊ 0⤋
Well in Canada anyway it doesn't matter if one person hasn't paid anything on the mortgage, as long as you were married your wife has a right to the house and she must sign her rights away because half of it belongs to her.
2006-10-29 02:50:09 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Get a lawyer. What people tell you what will happen and what actually will happen are two different things.
Each case is different. You need legal counsel (unless you are relatively smart then you can just research the law yourself) to cover yourself and your assets. Just because she never put any money in on it her name is still the contract...
cover your butt if you are going to try to feed her the screws...
2006-10-29 02:50:38 · answer #9 · answered by silverback487 4 · 0⤊ 0⤋
She will still have to sign something. I had to go in and sign some quick papers to get my name off the mortgage. My ex-husband had to sign everything else.
2006-10-29 03:21:20 · answer #10 · answered by NowayJose 2 · 0⤊ 0⤋