Posted on: 04th Nov, 2012 06:16 am
My husband is refinancing our mortgage.And he is the sole borrower on the original loan. However, I (his wife) was on the title of the deed as owner of the property. Will my name continue to be on the deed if he refinances or can he choose to keep it solely on his name ? I have not yet signed any paper work. I want be sure that he cant take my name off the title/deed without my consent/signature. Please confirm
Hi dmbrun,
Your husband can chose to mention his name alone in the property deed. However, in order to do so, you will have to sign a quitclaim deed in his favor and transfer your share of the property to him.
Thanks
Your husband can chose to mention his name alone in the property deed. However, in order to do so, you will have to sign a quitclaim deed in his favor and transfer your share of the property to him.
Thanks
Hi dmbrun!
Welcome to forums!
If your name is on the property deed, then unless you sign the deed, he won't be able to remove your name from it. If he does so, that will be considered as fraudulent.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
If your name is on the property deed, then unless you sign the deed, he won't be able to remove your name from it. If he does so, that will be considered as fraudulent.
Feel free to ask if you've further queries.
Sussane
Don't get afraid. Since your name figures on the title of the deed as the owner of the property, it can't be removed without your content and signature.
All of the above is completely correct. I should also mention that you need to read that paperwork very carefully and know exactly what you are signing. If you are at all nervous about him pulling a fast one - if anything about the paperwork mentions the deed in a way that is not normal for a simple refi for example - have a lawyer review it.
The above is a good point, and since he is refinancing alone you should not have to sign anything. Be suspicious if you are asked to sign anything.
Before signing on any paper, be sure about its implications. If there is something which is confusing to you, don't hesitate to consult an expert.
Since you are an owner of the property, your husband can't no way refinance the property without your consent. In case of fraud or extreme situations, you can take legal help.
That is fine that your husband is refinancing the loan. However, since your name is in the title of the deed as the owner of the property, you should not worry at all.