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My wife has vacated my house forbtwobyrs and has never been…

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my wife has vacated my...
my wife has vacated my house forbtwobyrs and has never been on the deed. Yet was on the insurance policy. House burnt and proved to insurance she was not ever on the deed or mortgage. They said all I had to do is provide a copy of the deed and it would be amended. Now that I furnished evidence with the deed they say I have to provide a written and noterized letter saying she has no interest in the property or belongings that were in the house. Where she wasn't on the deed or mortgage when can be removed correct
Submitted: 1 month ago.Category: Real Estate Law
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Answered in 1 day by:
3/14/2018
Real Estate Lawyer: Michelle-mod, Moderator replied 1 month ago
Michelle-mod
Michelle-mod, Moderator
Category: Real Estate Law
Satisfied Customers: 10
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I'm Michelle, the moderator for this category. I'm so sorry that an Expert has not connected with you yet. I wanted to reach out to see if you still needed assistance with your question? Please use the reply box below to let me know if you'd like to continue or cancel.
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Customer reply replied 1 month ago
The insurance company is saying they can't amend the policy. Being they told me they just needed proof she wasnt on the deed. Sent it in now the adjuster is saying they want a letter from her. Saying she doesn't want anything with the house or items. She was never on the mortgage or deed. And has been out of the home for 3 yrs. There must be a law or something..Can't be on a policy if you aren't on the deed or mortgage. Plus as I have said..been out of my home for 3 yrs. What are options. Do I need to go after insurance company legally before settlement etc
Real Estate Lawyer: Bruce Schreiber, Lawyer replied 1 month ago
Bruce Schreiber
Category: Real Estate Law
Satisfied Customers: 304
Experience: Attorney At Law at SELF
Verified

Welcome & thank you for your question. I am the professional that will be assisting you. Have you asked them if they would accept a SWORN, NOTARIZED AFFIDAVIT from you instead of a letter from her?

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Customer reply replied 1 month ago
No what would that do. She was never on the deed so therefore THEY incorrectly wrote the policy. As she can not be on they policy if she is not nor ever was on the deed or mortgage
Real Estate Lawyer: Bruce Schreiber, Lawyer replied 1 month ago

What that would do would to provide a legal document, signed under the penalty of perjury, indicating that you are and have always been the sole owner. It should also include information that you have asked her for the letter they want and she refuses, assuming you have.

Short of this approach you will probably have to sue them.

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Real Estate Lawyer: Bruce Schreiber, Lawyer replied 1 month ago

If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it. The site does not credit the Attorneys unless the customer rates our service positively. Thank you for your consideration. Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

Thank you for using JA! We appreciate your business.

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Customer reply replied 1 month ago
Is there a law about putting someone that isn't and never has been on the mortgage or deed..
Real Estate Lawyer: Bruce Schreiber, Lawyer replied 1 month ago

When you say "putting them on" the document, either they were a grantee or not; either they signed it or not.

Not sure what you mean.

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Customer reply replied 1 month ago
On the insurance policy.. For homeowners insurance. To be included or on a homeowners insurance policy the person has to be on the deed or mortgage. For an insurance policy. As in I go get a policy for my home, I can't just put you on it and have you sign it. Correct. They have to be a homeowner. Which essentially means on the deed and or mortgage
Real Estate Lawyer: Bruce Schreiber, Lawyer replied 1 month ago

To apply for coverage, a person must have an "insurable interest".Even if she wasn't an owner, living there might be construed as an insurable interest.

The question is, who purchased the policy? You? Did you list her as an owner? How did her name get on the policy?

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Customer reply replied 1 month ago
Since I bought the house in 2008. I bought the policy
Real Estate Lawyer: Bruce Schreiber, Lawyer replied 1 month ago

So you listed her as an owner?

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Real Estate Lawyer: Bruce Schreiber, Lawyer replied 1 month ago

how did her name get there. your attachments were not helpful.

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Customer reply replied 1 month ago
NobI think the insurer just had her sign the policy..no where is she listed as an owner
Real Estate Lawyer: Bruce Schreiber, Lawyer replied 1 month ago

I'm not familiar with the insured signing the policy. Do you mean the application for the policy?

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Customer reply replied 1 month ago
Insure policy
Real Estate Lawyer: Bruce Schreiber, Lawyer replied 1 month ago

Doesn't tell me how she got on the policy. You said 2008. This says since 2011.

I don't think i can help any further. I will opt out and let someone else try to help you.

Good luck.

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