Removing ex wife from title - she was never a borrower

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Removing ex wife from title - she was never a borrower

Daniel Murphy
Financial Advisor · Saint Paul, MN · Member since 2016 · 190 posts · 143 votes

Hey all, I have a home in MN and a home in FL. I'm recently divorced and kept the 2 properties.  My understanding is that I will need to refi in order to get my ex off of the properties.  My question is, both of these homes were purchased under my name only because she had no income. So all closing docs, title etc. only have my signature.  I understand joint legal ownership, but that normally seems to apply at selling.  

Are there any thoughts, options or opinions on how to remove her name from the titles without a refi?  

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Account Closed
Investor · Scottsdale Austin Tuktoyaktuk · Member since 2021 · 4k+ posts · 4k+ votes
2y
Quote from @Daniel Murphy:

Hey all, I have a home in MN and a home in FL. I'm recently divorced and kept the 2 properties.  My understanding is that I will need to refi in order to get my ex off of the properties.  My question is, both of these homes were purchased under my name only because she had no income. So all closing docs, title etc. only have my signature.  I understand joint legal ownership, but that normally seems to apply at selling.  

Are there any thoughts, options or opinions on how to remove her name from the titles without a refi?  

The judge should have placed an order regarding the properties. Assuming that has been done, if she is not on the mortgages, and not awarded a portion of the assets, and not awarded support, a Quit Claim deed signed by her releases her interest in the property.

If the judge awarded money to her, she may be entitled to a portion of the properties. That is case by case dependent. Since you are spanning two states and who knows, how the judge ruled, you'll have to talk to an attorney in the state you filed.
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  • Account Closed
    Investor · Scottsdale Austin Tuktoyaktuk · Member since 2021 · 4k+ posts · 4k+ votes
    2y
    Quote from @Daniel Murphy:

    Hey all, I have a home in MN and a home in FL. I'm recently divorced and kept the 2 properties.  My understanding is that I will need to refi in order to get my ex off of the properties.  My question is, both of these homes were purchased under my name only because she had no income. So all closing docs, title etc. only have my signature.  I understand joint legal ownership, but that normally seems to apply at selling.  

    Are there any thoughts, options or opinions on how to remove her name from the titles without a refi?  

    The judge should have placed an order regarding the properties. Assuming that has been done, if she is not on the mortgages, and not awarded a portion of the assets, and not awarded support, a Quit Claim deed signed by her releases her interest in the property.

    If the judge awarded money to her, she may be entitled to a portion of the properties. That is case by case dependent. Since you are spanning two states and who knows, how the judge ruled, you'll have to talk to an attorney in the state you filed.
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  • Caroline Gerardo
    Lender · Washington DC · Member since 2015 · 2k+ posts · 2k+ votes
    2y

    Florida and Minnesota are not community property states BUT we have no idea what you divorce decree actually says. Your court order says you get 100% of both houses and orders her to be notarized to quitclaim all ownership and equity to you? 

    Your question about ex having no income doesn't matter, what the order says matters.

    The mortgage bill has both your names on it? She cosigned on the loan or not? Get a copy of the note. If she is joint on the mortgage she is going to want to be off and make you refinance as this frees her to buy something else with a loan and not be responsible for your payment record in the future. 

    What did your attorney negotiate? Are you giving her cash?

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  • Derek BrickleyBusiness Member
    Lender · Ann Arbor, MI · Member since 2021 · 664 posts · 226 votes
    2y

    If she's not on title or anything, then she wouldn't need to sign.  Joint property in Florida is only on a primary residence.  Reviewing the divorce decree might say more though.  If she isn't on a loan, but IS on title then a quit claim deed would remove her.  

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  • Randy Rodenhouse
    Investor · Charleston, SC · Member since 2011 · 606 posts · 413 votes
    2y

    @Daniel Murphy. If she is on title, then you would have her quit claim deed the property to you and pay her the amount that she is due if she has funds due to her (assuming u have the funds to do so). If not, then you could refinance the property to get her the funds due and at the same time remove her name off title.

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