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Can you drop a spouse from a mortgage without their signature by refinancing?

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βˆ™ 2008-10-31 07:57:54

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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.

2008-10-31 07:57:54
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Related Questions

Can you add the spouse's name to the mortgage paperwork?

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.


Do you have to add your spouse to mortgage for refinancing if the house was bought before the marriage?

No


How do you remove spouse from mortgage if divorcing?

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.


In Florida does a spouse have to sign documents when refinancing a mortgage?

Yes. Both parties must sign the documentation when refinancing an existing mortgage. This is to protect both parties from unfair lending practices.


In Florida if your parents are refinancing would your spouse need to sign 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.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.


Can you refinance your home without your ex spouse knowing?

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.


Can one spouse transfer their interest in the real estate to the other spouse by signing a quit claim deed?

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.


Can your husband sell your house without spouse signature?

no


Can x sell the house if your name is on the deeds and not mortgage?

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.


Can a US citizen get a divorce without having to get a signature from an illegal spouse?

Yes.


Can you sell a house without spouse consent in nc?

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.


How much will it cost you to remove spouse from mortgage?

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.


Can your spouse sell a car registered in your name without your signature?

Not normally, unless you are dead and your auto passed to the spouse according to your will and/or laws of your state.


can the spouse live in the home after the spouse dies under a reverse mortgage?

Yes Watson. But the real question is: can the spouse spouse the home after the reverse mortgage dies live?


Can a spouse forge your signature without your permission on a check?

Yes If You have A Joint Bank Account i guess


In Virginia can a spouse whos name is on the deed and mortgage sell their house without the other spouse consent whos name is not on either one?

no no no pie


If a mortgage loan is in the husbands name only can he make changes without notifying the other spouse?

Yes.


Can a spouse who holds guardianship over husband get a divorce without his signature?

Unlikely because the act is adversarial.


Can a spouse trade a vehicle for anew car without the other spouses signature if the title is held jointly?

no


If you are planning on filing bankruptcy without your spouse should you take your name off the mortgage by refinancing the home in just your spouse's name before filing?

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.


How do you get spouse on Mortgage title?

you just get it for no reason


What is the cost of adding a spouse to a mortgage?

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.


Mortgage is in your name spouse dies will mortgage life insurance pay off house?

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.


What if other spouse can not pay mortgage when the other spouse dies?

Then the house needs to be sold.


How do you get your ex-spouse off the mortgage agreement without spending a lot of money?

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.