You can refinance without the spouse but you will need their consent to do so. If the spouse is on the title of the home, the answer is "no". If the spouse is on the existing mortgage the answer is "no". If the spouse is not on title you need to indicate on the loan application that you are married, and if you don't is fraud. At the time of closing she/he would have to be present. Inform you spouse of your actions.
You can add your spouse to the mortgage by refinancing in both of your names. Your spouse does have to be credit-worthy. Check with your original lender to see if it can be done simply without a full fee for refinancing.
The only way to remove your spouse is by refinancing the mortgage. Your attorney may be able to assist you in negotiating with the bank.
Yes. Both parties must sign the documentation when refinancing an existing mortgage. This is to protect both parties from unfair lending practices.
Not unless your spouse is on the title to the property. If not and your spouse signs, then your spouse will be fully responsible for paying the mortgage.Not unless your spouse is on the title to the property. If not and your spouse signs, then your spouse will be fully responsible for paying the mortgage.Not unless your spouse is on the title to the property. If not and your spouse signs, then your spouse will be fully responsible for paying the mortgage.Not unless your spouse is on the title to the property. If not and your spouse signs, then your spouse will be fully responsible for paying the mortgage.
If the home is titled in your name only, your ex-spouse should have no need to know about your refinancing it. If your ex-spouse's name remains on the title, your ex-spouse would not only have to know about it, he or she would have to co-sign any promissory note related to refinancing the home loan. No legitimate financial institution would issue such a loan without a co-owner's signature. Moreover, if a loan were secured without the ex-spouse's signature or through fraudulent means, he or she would have a legitimate claim if the property went into foreclosure.
Certainly. Take the signed deed to the recorder and record it. However, if you owe a mortgage on it, the bank would have to agree, which they won't without your refinancing the loan.
Your interest in the property cannot be sold without your consent and signature. If your ex-spouse sells the property he/she can only sell a half-interest.
Yes, you can sell a house without spousal consent it their name isn't on the mortgage. If their name is on the mortgage, you will need their consent.
A quit claim deed will be rather inexpensive. However, the spouse can require payment to sign the agreement. You cannot remove them without their agreement and consent.Another PerspectiveA quitclaim deed will transfer the interest of the spouse in the property but will have no effect on the grantor's responsibility to the lender or the mortgage. Generally, the mortgage must be paid and refinanced in order to remove a spouse from any responsibility for paying the mortgage.
Not normally, unless you are dead and your auto passed to the spouse according to your will and/or laws of your state.
Yes Watson. But the real question is: can the spouse spouse the home after the reverse mortgage dies live?
Yes If You have A Joint Bank Account i guess
no no no pie
Unlikely because the act is adversarial.
I am the one who wrote this question, and now I have an answer that I will share. I spoke to our attorney, and the answer to the above question is NO, absolutely not, as the court will view this as a transfer of assets and you could be charged with fraud.
you just get it for no reason
A spouse is not added to a mortgage; if the spouse already owns an interest in the property through deed or community property, then the spouse is subject to the mortgage, regardless of whether or not he or she signed it. Note, however, that many mortgages contain "due on sale" clauses which require the mortgage to be refinanced if there is a change in ownership of the property. Contact your bank to see if your loan contains such a clause.
If the mortgage is in your name it would not be affected by the death of your spouse. Mortgage life insurance is coverage that is taken out so that your house would be paid for in the event of your death.
Then the house needs to be sold.
You will have to refinance your loan in order to get his name off. The loan now has both of your names on it because you both appied at the same time. This mortgage has to be paid off in order to remove the ex-spouse. That means you will have to apply for a new mortgage in your name only.