You should consult with an attorney who can review the situation and make certain the transfer is executed properly to protect your ex-wife's interest.
Your ex-wife must voluntarily execute a deed that transfers her interest to you. However, if there is a mortgage on the home signed by both parties your ex-wife will remain responsible for paying that mortgage. That type of transfer of interest in real estate should be negotiated during the divorce proceeding and the existing mortgage should be paid off and refinanced.
In exchange for her interest in the property your ex-wife must be released from responsibility for paying the loan. Generally, the only way to remove a name from a mortgage is to pay off that mortgage and refinance.
No.No.No.No.
By refinancing the loan in your own name.
Need to file a "Quit Claim Deed". However, this will not remove that persons name from the original deed of trust - the only 100% certain way of getting a name removed like this is to refinance the loan. You cannot remove someone from a deed based on whether or not they contributed to the down payment or the mortgage payments without their consent, conveyance or without a legal order from forcing them to do so.
You can't remove the name of a responsible party from a loan note they signed. The loan was granted under certain circumstances and based on the qualifications of those who signed, therefore a signer can not be taken off. The loan must be refinanced and the new signer or signers must qualify. The deed to the home is separate from the loan, and as long as all legal owners sign off, you can add and subtract people however you see fit using a Grant Deed that is recorded with the county. Most mortgage documents (loan note and deed of trust) prohibit changes in ownership without the written permission of the bank, so check your documents carefully before making any changes.
You have the title company write up a "quit-claim deed" for the property. You need to sign it and then the person you want off the loan has to sign it (but they MUST have it notarized), then it can be mailed back to the title company for completion.
No.No.No.No.
By refinancing the loan in your own name.
Need to file a "Quit Claim Deed". However, this will not remove that persons name from the original deed of trust - the only 100% certain way of getting a name removed like this is to refinance the loan. You cannot remove someone from a deed based on whether or not they contributed to the down payment or the mortgage payments without their consent, conveyance or without a legal order from forcing them to do so.
It is a "quit claim deed" that you have to obtain and you have to refinance to drop the other name. It is a "quit claim deed" that you have to obtain and you have to refinance to drop the other name. It is a "quit claim deed" that you have to obtain and you have to refinance to drop the other name. It is a "quit claim deed" that you have to obtain and you have to refinance to drop the other name.
Yes
By getting you a good lawyer.
The original deed of trust contains the names of both husband and wife. This is a Joint Tenancy Deed ... no changes can be made without the consent of both parties, and that includes refinancing. One or the other spouses will need to "buy out" the other's interest and gain sole ownership before attempting this.
This means that the escrow paid off the first trust deed using the money from a refinancing. The cancellation of deed to secure debt occurs if a person refinances their mortgage.
You cannot take a living person's real property without their consent. The only way to transfer ownership is for the owner to convey their interest by a deed.
You can't remove the name of a responsible party from a loan note they signed. The loan was granted under certain circumstances and based on the qualifications of those who signed, therefore a signer can not be taken off. The loan must be refinanced and the new signer or signers must qualify. The deed to the home is separate from the loan, and as long as all legal owners sign off, you can add and subtract people however you see fit using a Grant Deed that is recorded with the county. Most mortgage documents (loan note and deed of trust) prohibit changes in ownership without the written permission of the bank, so check your documents carefully before making any changes.
You can't. The only way to remove her from the property is to buy her interest. She must execute a deed conveying her interest to you. Until then she is a half owner and has the right to the use and possession of the whole property. It would be wise to make an offer of cash for her deed in order to clear the title.
A quitclaim deed doesn't figure into the procedure to refinance your home.A quitclaim deed doesn't figure into the procedure to refinance your home.A quitclaim deed doesn't figure into the procedure to refinance your home.A quitclaim deed doesn't figure into the procedure to refinance your home.