Home Selling in 19152>Question Details

Natalia, Home Seller in 19152

Can I remove my ex's name from the deed of a house since the mortgage is only on my name? thank you

Asked by Natalia, 19152 Fri Feb 10, 2012

five years ago I bought a house with my ex. His credit wasn't good and so I decided to put my name on the loan. The mortgage of the house is only in my name but when we did the settlement I asked to put his name on the deed of the house. We are not together anymore but the mortgage is still in my name (of course) and the deed has both of our names. He's living at the house at the present moment but he's making late payments and it really has ruined my credit. Can I remove his name from the deed so I can sell the house ? What are options do I have ? Thank you

Help the community by answering this question:


Realtors cannot give legal advice (unless of course, they are also attorneys)

Typically, you would need to have him sign a quit claim deed removing him from the original deed.
3 votes Thank Flag Link Sat Feb 11, 2012
No, a deed and mortgage are 2 entirely separate documents with separate purporses. The property was conveyed to the both of you. Each of have equal rights to the property. Although you were the only name on the mortgage, I presume his income contributed to your monthl payments over the years. Thus, he would be entitled to half of any proceeds.

Speak with an attorney. See if your ex-husband will sign a quit-claim deed. If not, you can still sell, but BOTH of you must sign the listing agreement with the Realtor.

Let me know if you are curious as to the value. Remember Zillow is not accurate -- not even close. Or if you need the name of 2 good real estate attorneys.

Eric Axelson, Associate Broker
Kurfiss Sotheby's International Realty
215.735.2225 o
856.617.1212 m
Web Reference: http://kurfiss.com
1 vote Thank Flag Link Sat Feb 11, 2012
0 votes Thank Flag Link Mon May 13, 2013
I would recommend you speak with an attorney firstly. You can not just remove his name from title, he has to also agree to it and it must be recorded with his signature.
0 votes Thank Flag Link Sat Feb 25, 2012
you have to refinance to remove his name off the mortgage. i had to do this with my first divorce in 2001. i did not put my second husband on my deed or mortgage. since you are selling and need his signature for anything you do rgiht now, just sell the house and get him to sign off on it
0 votes Thank Flag Link Sat Feb 25, 2012
Hi Natalia,

In CA (check to see if also in your state), owners can do a Quit Claim Deed. Your ex husband would need to sign the Quit Claim Deed to deed his interest to you. This would remove him from Title. If you can get him to do this, once he's signed, make sure you take it to the county recorder to have it recorded so it is legal.

Shanna Rogers
SR Realty
0 votes Thank Flag Link Sat Feb 11, 2012
Hi Natalia

You need to be working with a reputable real estate attorney. The question you are asking is a legal matter and under the law real estate agents cannot provide legal advice.

I can provide you with an array of referrals, please contact me privately for any contact info.

Ana Barlow
Coldwell Banker Preferred
0 votes Thank Flag Link Fri Feb 10, 2012

A deed is a document of action - the seller gave you and the (ex)-husband title to the property through a deed. You have title, your (ex-)husband has title.

Neither of you have power to remove the other from title, because the way you change title is through a deed. One of you can "deed" the other their interest, but it has to be a voluntary act.

So you do need an attorney, because your other option is to make the loan payments on time. But you can't change the fact that you and he own the property together: you can't dis-own the property for him,

All the best,
0 votes Thank Flag Link Fri Feb 10, 2012
Your best option is to consult a lawyer.
0 votes Thank Flag Link Fri Feb 10, 2012
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2016 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer