Question:

Can a wife have her husbands name taken off the deed if she is the only name on the mortgage?

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we are married yet he doesn't make good decisions. borrowed money from house title without asking. Don't want to find out he did this again. he said he would agree to this. Why would it not be a good idea if married? Should i put an adult childs name on the deed also?

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11 ANSWERS


  1. If it's already on the deed, it only comes off with his approval.  If it's not on the deed yet,  he has to sign a Disclaimer Deed when you buy the house.


  2. No u can't take his name off the deed...He should have also signed the mortgage.  Don't know why the mortgage company let you sign it by yourself.. This isn't good.. your credit will show whether you paid or not.. not his..

  3. Only if he is willing to sign a quitclaim deed....

  4. You are allowed to take the husbands name off, but he has to sign the Disclaimer Deed and record it with the county recorders office. If your married its probably not a good idea. If your going through a divorce the courts will divide the property.

  5. Yes, a quit claim deed needs to be done and both parties must agree to it.

  6. No.

  7. not without his permission unless there is a court order to do so.

  8. No, but consult an attorney in your particular state regarding marital property laws.

  9. Sure, but it won't matter in most states.  The house will still be community property.

  10. No, he is the only one that can do that.

  11. You can't have your husband's name taken off the title to property without him quitclaiming the property to you or through a court order, from say a divorce or something.  If the husband is deceased you may be able to get his name taken off through a survivorship affidavit, depending on your state.  The status of the mortgage has nothing to do with getting someone's name off the title to property.

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