2007-11-07 08:59:19 · 7 answers · asked by randydandie 1 in Business & Finance ➔ Renting & Real Estate
He would be stupid to do it since she would still own half the house but then none of the mortgage. I would hope he couldn't get a second mortgage so the house didn't have equity left. That would be fraud.
2007-11-07 09:06:45 · answer #1 · answered by shipwreck 7 · 0⤊ 0⤋
If the divorce decree grants the property to you, be sure it's recorded with the land records. Depending on the state you live in, that may be all that's needed.
But do you owe her any money? If so, you may be able to do a cash out refinance, get her off the warranty deed and mortgage and get the cash you need for her.
If you both still own the house, you can refinance in your name only, but she will have to sign the deed of trust or mortgage depending on which is used in your state, and the right to cancel. If she refuses, you don't refinance.
But it seems to me that at this point you want to get her off your warranty deed just to keep things nice and neat. Again, depending on the state, she can quitclaim it or execute a special warranty deed.
You need to talk to a lawyer or title company to find out the proper way to do this where you live.
2007-11-07 10:25:59 · answer #2 · answered by Debdeb 7 · 0⤊ 0⤋
It depends on what state you live in. In Washington the exwife would still have to sign a quit claim deed to remove her from title unless it was done right after the divorce. Most often it is not.
And just an FYI...if she is on title, she would have to sign no matter what for you to refi. If you did not want her on the loan she would still ( in Wash) have to sign the nonobligator documents at close. In other words....yes...she has to sign. Sorry.
2007-11-07 09:39:44 · answer #3 · answered by queenvwr 2 · 0⤊ 0⤋
You are advised to have your ex-spouse sign a quitclaim deed, relinquishing all ownership interest in the property. You should do this at the same time you refinance, since my guess is that your ex-spouse is also listed on the mortgage documents you currently have.
2007-11-07 09:36:52 · answer #4 · answered by acermill 7 · 0⤊ 0⤋
No....wife would have to sign some of the closing documents..such as the mortgage.
2007-11-07 09:51:15 · answer #5 · answered by LILL 7 · 0⤊ 0⤋
yes but shemust sign at closing unless he wants her to remain on title
2007-11-07 09:01:57 · answer #6 · answered by Fabio G 3 · 0⤊ 0⤋
Sure can just show the divorce papers that shows you got the house in the divorce. I did it myself.
2007-11-07 09:25:44 · answer #7 · answered by Leo F 5 · 0⤊ 0⤋
No, not refi. She wants to sell it and he wont sign.
2015-09-05 16:35:33 · answer #8 · answered by Dale 1 · 0⤊ 0⤋