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    perciano's Avatar
    perciano Posts: 10, Reputation: 0
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    #1

    Jul 10, 2012, 09:34 AM
    How to take wife off deed
    Hi
    I bought my house before getting married. For the purpose of immigration in order to show more supporting documents for my wife to become U.S citizen I just added her name to deed not the Mortgage. Now due to marital problem I want to take her name off the deed. Of course she is not willing to sign quit claim saying I am the one who should leave the house although we do not have any children and mortgage is under my name.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 10, 2012, 09:49 AM
    You can request the Court to order that you keep the house. You cannot force her to sign a Deed. She'd be a fool.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Jul 10, 2012, 09:56 AM
    How did you add her to the deed and not the mortgage. Did you inform your lender that you were doing so?

    But once you added her to the deed, you gave her part ownership. You can't just take it back. A court may order her to relinquish her share as part of a divorce settlement, otherwise no.
    perciano's Avatar
    perciano Posts: 10, Reputation: 0
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    #4

    Jul 10, 2012, 01:14 PM
    Hi
    Thanks For your answer. My wife and I just went to an attorney office and paid $100.00 and signed a simple 2 pages paper in front of attorney.I did not inform the lender either. That is all. Still can not take her off?
    Thanks
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jul 10, 2012, 01:39 PM
    Nope, She is still a part owner. But you may have a problem. If you changed the title without informing the lender they could call the loan.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Jul 10, 2012, 01:40 PM
    Quote Originally Posted by perciano View Post
    Hi
    Thanks For your answer. my wife and I just went to an attorney office and paid $100.00 and signed a simple 2 pages paper in front of attorney.I did not inform the lender either. that is all. still can not take her off?
    Thanks
    Do you mean that you and your wife just (since your first post earlier today) executed this new deed? Or are you describing the circumstances under which you did the deed you were asking about earlier?

    The deed would probably effectively transfer the title, but the risk is that you could trigger a "due-on-sale" clause in the mortgage.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Jul 10, 2012, 01:42 PM
    Quote Originally Posted by perciano View Post
    Hi
    Thanks For your answer. my wife and I just went to an attorney office and paid $100.00 and signed a simple 2 pages paper in front of attorney.I did not inform the lender either. that is all. still can not take her off?
    Thanks

    I think it depends on what the "simple 2 pages" said - ? For all I know it's a Separation Agreement.
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