Posted on: 19th Nov, 2007 10:09 am
My wife moved out 5 weeks ago and divorce is eminent now. I am the only one on the mortgage, but we are both on the title. She is using this against me. Is there a way to get her off the title since she's moved out and has no reason to be on it?
you can do a quit claim deed to get her off immediately or you can wait for the judge to order it through your divorce. if you dont get divorced...and you take her off title...she can still legally own 50% of your home. (this depends in the state that you're in) community property states
Hello Matt,
You can do a quit claim but your wife has to sign the deed as the grantor. So, first of all you need to find if she is willing to do so.
Since you are the only person on the mortgage, there won't be a problem with the lender in taking her name off the deed.
"She is using this against me."
How is she using this against you?
You can do a quit claim but your wife has to sign the deed as the grantor. So, first of all you need to find if she is willing to do so.
Since you are the only person on the mortgage, there won't be a problem with the lender in taking her name off the deed.
"She is using this against me."
How is she using this against you?
Hi Matt,
Welcome in this forum.
I agree with Jenkin that, if your wife quitclaims and transfers the property to your name, then you can easily remove her name from the title but for that she needs to sign as the grantor. But you have said "She is using this against me". So it does not seem that she is going to quitclaim.
I would suggest you go in the legal way. Only because you are divorcing, you cannot throw her out of the property. I think it is better to come to a mutual conclusion where you request her to sign on the quitclaim deed and in return pay her for the share of interest she has in the property, that is, in a way, buy her out of the property.
Thanks,
Larry
Welcome in this forum.
I agree with Jenkin that, if your wife quitclaims and transfers the property to your name, then you can easily remove her name from the title but for that she needs to sign as the grantor. But you have said "She is using this against me". So it does not seem that she is going to quitclaim.
I would suggest you go in the legal way. Only because you are divorcing, you cannot throw her out of the property. I think it is better to come to a mutual conclusion where you request her to sign on the quitclaim deed and in return pay her for the share of interest she has in the property, that is, in a way, buy her out of the property.
Thanks,
Larry
She moved out of the house 5 weeks ago and is living in a condo. At this point she is simply using being on the title as a means of coming and going as she pleases as the house. I just want to get her off the title so she can't be doing this while I'm away from the house. She isn't paying any of the mortgage or bills. So I was hoping there was a way around having her sign off on it. I guess the legal route is going to have to be the way.
there is a legal way of keeping her off the property. it's called a 'separation agreement'.....and afterwards a restraining order.
:) im with banker on this
here is the deal
She is on the title wich means she owns 50% of the property legally
When you going to go through a divorse your lawyer should bring this ppoint up to the judge who will say who owes who what.
So you will owe her some money or not and she will have to sighn the home over to you.
As far as keeping her away. Well separation agreement is a start. Restraining order could work. My solution is to change the locks. ( then she can try to get access to the house through legal means )
here is the deal
She is on the title wich means she owns 50% of the property legally
When you going to go through a divorse your lawyer should bring this ppoint up to the judge who will say who owes who what.
So you will owe her some money or not and she will have to sighn the home over to you.
As far as keeping her away. Well separation agreement is a start. Restraining order could work. My solution is to change the locks. ( then she can try to get access to the house through legal means )
