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InsuranceLawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 1033
Experience:  Twenty-six years of litigation experience including many contract cases.
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How do i remove my husbands name off the deed and mortgage

Customer Question

My husband left (USA) and abonded me with the house. My name and his name are both on the deed and his name is XXXXX XXXXX mortgage. We are still in contact with eachother, but he is in Germany and says he does not want to return to USA. How do I do this without his signature? I live in New Jersey. I also am planning to sell house.
Submitted: 9 years ago.
Category: Real Estate Law
Expert:  InsuranceLawyer replied 9 years ago.

Without his signature, you can't. And even with his signature, you could not take him off the mortgage. The bank would have to agree to it, and they probably would not, because that means only 1 person would be responsible instead of two.

What you need is to start a divorce action. In the divorce, you could get the court to order him off the deed.

Customer: replied 9 years ago.
Reply to InsuranceLawyer's Post: It does not make sense! My husband is the only person on the mortgage now. The deed is in both our names. What about Quit Claim Deed, where i can transfer or remove his name off the deed?

How am i going to sell the house if i can't change all these legal issues?????
Expert:  InsuranceLawyer replied 9 years ago.
A Quit Claim deed would have to be signed by your husband. The botXXXXX XXXXXne is, if your husband doesn't sign, you can't sell the house. The ONLY way to get him off the deed without his signature, is by divorce.
Customer: replied 9 years ago.
I don't find this answer satifactory. My husband left due to legal problems in US and we are not getting a divorce. that is not an option for me.

I did NOT ACCEPT this answer and i was charged for the $20 fee which i will dispute.
Expert:  InsuranceLawyer replied 9 years ago.

I am sorry you don't like my answer, but it is the correct answer. You cannot take your husband's name off the deed unless he signs an agreement to do so, or unless you get a divorce.

There is only one other way to get his name off the deed, and that is if you allow the bank to foreclose on the mortgage. Then the mortgage gets paid off and the bank gets title to the house. But this hurts your credit, and you have to move.

What else can I say? What you want to do, cannot be done, except in the ways I described. You can ask ten other lawyers and you'll get the same answer.