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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55595
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Me and my ex husband co signed a mortgage son years ago. He

Customer Question

Me and my ex husband co signed a mortgage for my son years ago . He is now able to refi and wants our name off the deed I was never on the loan just the deed . I am now remarried I have a prenup that states everything in my name previous is mine and his is his . They are saying my current husband needs to sign the quit claims deed also is this true ?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Good morning. My name is ***** ***** I look forward to helping you.

The legal answer is no, there is no legal requirement that your current husband sign the quit claim deed. This is your sole and separate property and, in addition, since you don't live in the property, he would not even have any potential homestead claims. But, here's the thing...lenders and title companies issuing the mortgagee policy to the lender always operate with an over-abundance of caution and always put this requirement on their check list. They never bother to consider whether they are legally entitled to it. And, thus they simply insist on it because it assures them the spouse is not going to make any claim and most people simply sign what is requested to get the loan done and because there is really no downside to the spouse signing the deed giving up any any interest he may own in the property (which is none). So, it comes down to how much of a matter of principle you want to make of this. Your husband has absolutely no claim to ownership in this property so there is no legal basis for him signing this, but on the other hand, the lender may simply say they won't proceed without it.

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