Home Buying in 95121>Question Details

Carlos E Sosa, Home Buyer in Miami, FL

can you remove your spouse from deed?

Asked by Carlos E Sosa, Miami, FL Sat Oct 6, 2012

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Answers

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I am assuming that you got your home while you were married to her already. If your spouse is willing to sign a quit claim deed, yes. If she declined to do so, you can not remove her name from the deed. Is her name on the mortgage too? to remove her name from the mortgage, you need to refinance your property.

Maria Cipollone

http://www.Flahomespecialist.com
2 votes Thank Flag Link Sat Oct 6, 2012
hi Carlos e Sosa

quit claim deed is little tricky in California with spouse , you may be able to get quit claim from her for now but future she may claim it again because community property law.

better check this question with your attorney.

Omar Khamisa
Mortgage Loan Manager


Omar@MSJMortgage.com
NMLS#: 369325
Cell: 510-648-5535
0 votes Thank Flag Link Sun Oct 13, 2013
Yes ... from the Deed .. not from the Mortgage unless Lender O.K.'s it .. but likely they wont.
0 votes Thank Flag Link Fri Sep 27, 2013
First it depends on how title has been taken, then the spouse must agree to do so by signing a "quit claim deed" or its equivalent which would be recorded. If the spouse is on the loan the spouse will still be liable until refinanced or paid off.

I would suggest that you verify with your tax adviser and attorney to be sure that you have
received all the information which may affect this decision.
0 votes Thank Flag Link Thu Nov 29, 2012
It depends on how title has been taken. As you probably have read is that the spouse must do so. There are documents which would be recorded. If the spouse is on the loan the spouse will still be liable until refinanced or paid off.

I would suggest that you verify with your tax advisor and attorney to be sure that you have
received all the information which may affect this decision.

Have an amazing day!
Web Reference: http://www.terrivellios.com
0 votes Thank Flag Link Sun Oct 7, 2012
Your questions have been answered eloquenly by other professionals. You can remove your spuse from the deed through a legal instrument "quit claim deed" or its equivalent only with his consent because he will be the one relinquishing the ownership rights to you.

Please seek attorney's guidance.

Best.
0 votes Thank Flag Link Sun Oct 7, 2012
Yes, you can. But you have to have your spouse's consent for that. Talk to your lawyer about the details.
Web Reference: http://talisrealestate.com
0 votes Thank Flag Link Sun Oct 7, 2012
Thank you Mr. Sosa:

You have received some excellent responses to your question.

Essentially you cannot remove your spouse from the deed without her consent. Your spouse can voluntarily remove herself from the deed, but you cannot remove her without her consent.

If this is a matter of a legal dispute, I recommend that you contact an Attorney for legal advice.

Thank you,
Charles Butterfield MBA
Real Estate Broker/REALTOR
American Realty
Cell Phone: (408)509-6218
Fax: (408)269-3597
Email Address: charlesbutterfieldbkr@yahoo.com
DRE#00901872
.
0 votes Thank Flag Link Sat Oct 6, 2012
Yes only if she is willing :) She can sign what is
called an InterSpousal Deed relinquishing all of
her financial and legal interest in the property.
She can also sign a Quit Claim Deed but again
she has to be willing. You cannot remove her
without her signature on one of these documents.

If you need help with this let me know!

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Bradley Wilson

AMICI REAL ESTATE
Bradley@AMICIrealestate.com
AMICIrealestate.com
DRE 01491944 NMLS 340990
Direct: (408) 228-7867
FAX: (408) 273-6975
0 votes Thank Flag Link Sat Oct 6, 2012
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