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    Mel53H's Avatar
    Mel53H Posts: 7, Reputation: 1
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    #1

    Oct 17, 2007, 04:17 PM
    Getting husband off the deed ?
    My husband is in a nursing home and was found incapacitated by the courts, so I am his legal guardian. I wanted to refinance and can't, because my husband is on the deed. How do I go about getting him off the deed? In case you are wondering, he is unable to sign anything because he is incapacitated and I don't have power of attorney.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Oct 17, 2007, 05:45 PM
    If you are his legal guardian, then that is better than being a POA. A legal guardian can not only sign for, but make legal decissions for.
    So you do not have to take him off, someone is not telling you the truth. If you have legal guardianship given by the court, you can sign for him on any document.
    Mel53H's Avatar
    Mel53H Posts: 7, Reputation: 1
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    #3

    Oct 17, 2007, 07:29 PM
    Strange, because every institution has turned me down because my husband is unable to sign his name.
    hmcglynn's Avatar
    hmcglynn Posts: 31, Reputation: 7
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    #4

    Oct 17, 2007, 08:04 PM
    I'm a Title Agent in Florida... If I were you depending on the state that you live in I would go to a title company or a Real Estate Attorney so that the can prepare a Quit Claim Deed to put the house in just your name. I would NOT recommend doing this yourself because if the deed is not worded properly or signed properly according to the Title Co. or Real Estate Attorney they will not issue a Title Policy and and will make you redo it again. So to beat that hassle just walk into a Title Co or Real estate attorneys office and either they will set and appointment for you to come back or they will speak with you on the spot. I always had walk ins that I just answered questions for or prepared deeds for... some companies might want to charge more than others but the sooner you get that deed recorded the easier it will be to refinance..
    A lot of lenders these days try to go around getting title searches done first... they will do one themselves so what they see is a deed in you and your husbands name and they can't do anything with that. If this was a local bank they would've already sent the request for a search and title commitment the outside lenders don't like the hassle because if you don't get approved they usually eat the title search fee.

    I hope I helped out a little.

    Thanks
    Mel53H's Avatar
    Mel53H Posts: 7, Reputation: 1
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    #5

    Oct 18, 2007, 11:29 PM
    Thanks!:)
    Mel53H's Avatar
    Mel53H Posts: 7, Reputation: 1
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    #6

    Oct 25, 2007, 05:11 PM
    Don't have to worry about getting husband off the deed. He passed away October 23. I am in shock...
    hmcglynn's Avatar
    hmcglynn Posts: 31, Reputation: 7
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    #7

    Oct 27, 2007, 08:06 AM
    Sorry to hear about him passing:(
    Make sure you bring the Death Certificate to the closing or just have it recorded in you county before you refianance. Good Luck
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