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While separated can one spouse refinance a mortgage without the other as long as both their names are on the deed?
Wiki User
∙ 16y ago
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.
Wiki User
∙ 16y ago
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Can you drop a spouse from a mortgage without their signature by refinancing?
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.
How do you buy out a spouse's mortgage?
You must pay off the mortgage and refinance. As part of the transaction your spouse must convey their interest in the real estate to you then you can refinance in your own name providing you qualify according to to the lenders requirements.You must pay off the mortgage and refinance. As part of the transaction your spouse must convey their interest in the real estate to you then you can refinance in your own name providing you qualify according to to the lenders requirements.You must pay off the mortgage and refinance. As part of the transaction your spouse must convey their interest in the real estate to you then you can refinance in your own name providing you qualify according to to the lenders requirements.You must pay off the mortgage and refinance. As part of the transaction your spouse must convey their interest in the real estate to you then you can refinance in your own name providing you qualify according to to the lenders requirements.
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.
Can a spouse refinance a sole and separate property in a community property state?
You can refinance your property if a bank agrees to refinance your property. If they find out you are separated, they could choose not to lend you more money.
What if reverse mortgage holder gets married?
The marriage is no problem, however the new spouse is not protected in the reverse mortgage unless a refinance is done into both of their names. As a result if the borrower passes away the new spouse will have 6 months to sell the property or refinance it... or to turn it over to the lender.
Can a cosigner who is a spouse refinance without the primary spouse?
Not if you are both on Title unless they forge your name.
If you are going through a divorce can one spouse sign over their half of the mortgage to the other party without having to refinance?
It is my understanding that if both are on the mortgage, you must refinance so that you are both not held liable for the balance. If still on the note the other person would not be able to qualify for another house, car, etc. without that being considered as part of their debt.
If you are trying to refinance a mortgage which is only in your name and your spouse has a much better credit score than you should you add your spouse's name to the title beforehand?
Yes.
Need to get your ex-spouse off the mortgage but you are not approved to re-finance?
The lender must agree, and is unlikely to agree if you cannot refinance.
In a community state is it possible to have only one spouse on a mortgage and have a relative be on Title if you are not legally separated yet and are expecting to divorce your illegal alien spouse?
No. Property acquired during the marriage cannot be partitioned, sold, transferred or otherwise without the consent of both spouse's to the action or the approval of the court.
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.
You divorced- signed a quit deed and still remained on the mortgage. What happens when the ex-spouse dies?
In that case you would be responsible for paying the loan on property that you do not own. When you signed the quitclaim deed you should have required that the ex-spouse refinance the mortgage in order to take your name off as co-mortgagor. Your attorney should have addressed that issue at the time of the divorce.In that case you would be responsible for paying the loan on property that you do not own. When you signed the quitclaim deed you should have required that the ex-spouse refinance the mortgage in order to take your name off as co-mortgagor. Your attorney should have addressed that issue at the time of the divorce.In that case you would be responsible for paying the loan on property that you do not own. When you signed the quitclaim deed you should have required that the ex-spouse refinance the mortgage in order to take your name off as co-mortgagor. Your attorney should have addressed that issue at the time of the divorce.In that case you would be responsible for paying the loan on property that you do not own. When you signed the quitclaim deed you should have required that the ex-spouse refinance the mortgage in order to take your name off as co-mortgagor. Your attorney should have addressed that issue at the time of the divorce.
