Hi : I would like some help pleas .

How do I get my wife's name off the house deed . Thank you

She has to sign a quit claim deed deeding the property to you.

The court will order her to sign it over after you agree on a divistion of property, she will sign it over ( if there is a mortgage she will also require you to refi the home to get her name off the mortgage also)

Exactly what they have said she will have to sign a quit claims deed and you she will ask you to get it refinanced. Had to go through it, and that's what happened

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Originally Posted by leonikaris

hi : I would like some help pleas .

how do I get my wife's name off the house deed . Thank you

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You can't do it without her knowledge/consent.

Quit claim deed but the bank/finance company has to either change the mortgage to your name only or will require you to refinance in your sole name.

If this is Court awarded and you either can't find her or she refuses to sign the Court will order an Officer of the Court to sign the quit claim Deed in her absence, following a Hearing.

Does she jointly own it with you? If so, then you have to buy out her interest in the house.

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Originally Posted by s_cianci

Does she jointly own it with you? If so, then you have to buy out her interest in the house.

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Buying her out won't get her name off the Deed and also won't remove her from responsibility for the mortgage.

I do not know how to comment on comments - that being said: I posted that buying someone out won't get her name off the Deed and also won't remove her from responsibility for the mortgage and the comment: "Not true - and it happens all the time as long as all parties are in agreement or court ordered."

That comment is not correct - the act of buying someone out does not change the Deed; a new Deed has to be filed. As far as all parties being in agreement or court ordered - if you read your mortgage documents any ownership changes MUST be reported to the lending institution. You cannot relieve someone from responsibility for mortgage payments by simply removing their name from the Deed - they remain legally responsible and failure to advise the lending institution is fraud.

I am sure there are instances when this is done, there are no problems, it gets past the County Clerk on filing, the bank never "catches on," the party left on the Deed makes all the payments and everyone walks away. That doesn't mean it is legal or advisable.

To Lill and Judy,

I think this is an issue of interpretation. I would interpret a buyout as involving a change of deeds. Apparently Judy viewed the buyout agreement and the change of deed as separate issues.