how do i get my x wife's name off the mortgage & deeds & my wifes put on instead?

Question

my x wife has been left the property for over 10 years but her's is still the joint name on the mortgage . i want it to be in mine and my wife's name , the x is in agreement to this .she has had nothing to do with the property since she left . and has no intrest in it . its just a case of her name on the mortgage & deed

Answer 1

you will need a solicitor

Answer 2

First. Call your attorney. This is nothing you want to mess around with and you're better off paying for good competent legal advice than looking for a freebie and paying big-time later.

Your lender should allow you to remove your ex-spouse's name from the mortgage and provide or file the necessary papers to do so, provided however, you give them a copy of the divorce decree or judgment that says you get the house.

Second, the decree or judgment probably requires her to sign a quitclaim deed or some other paper granting title to the home to you.

Third, after you get her name off, have your lawyer prepare necessary papers to put your new wife on the deed. You don't want the new wife on your mortgage and she doesn't want to be on the hook for it if at all possible anyway..

Finally, think carefully about deeding a property to your new wife. This could be considered your separate property. If you deed it over to the new wife, it could be considered a gift and if you break up, she could ask for half.

Anyway, good luck.

Answer 3

If her name is still on the mortgage and deed then she still OWNS that property. Your lawyer screwed up big time!

You can solve the mortgage issue by refinancing and paying off the old mortgage.

But for the deed, you need to get your ex to sign a Quit Claim. If she doesn't, she still has claim to that property and you CAN'T make her sign. She will probably want money for 1/2 the value of the property before she signs anything.

Boy did your lawyer mess up.

Answer 4

you could ask your x wife to gift the percentage of property to you but i think you and or your new girl will need to go down the ability to pay issue with the mortgage company. Just ring the lender. They may see your present circumstance/wage as ok? if not try and maybe give them a bigger lean on the property.

Answer 5

Oh dear, you needed to have sorted this out 10 years ago! She could argue now she has paid half the mortgage for the last 10 years, even though she hasn't.

You need to get a solicitor, and work out your ex's contribution up until the day she left, compare her share to what it is worth now, and buy it from her. Simple.

Answer 6

You have to refinance (with your new wife) to get the ex's name off of the mortgage and add the new wife's. You should contact your lawyer to see about the name on the deed, that one might be trickier...good luck.

Answer 7

have an attorney prepare a "Quit Claim Deed" to remove her. Then have them add your wife to the current deed. If ex has signed any promissory note to repay, this will not remove her obligation to pay the mortgage if you default.

Answer 8

You have to refinance to put the mortgage in your name. The mortgage company will work with the title company to make sure the title is also only in your name as well.

Answer 9

You will need a court order. The only other way is for your EX to sign a quit claim for the property.

Answer 10

A solicitor should sortthis out. The first 30 mins is free. It will be worth it in the end for all parties involved.

Answer 11

I have a friend and they are going through the same situation and the bank says they cant take her name off there until the mortgage is paid off!!