Deceased Father and I joint tenancy survival, Ex wife on deed

4 Replies

My father and I bought a home in 1996 joint tenancy right of survival mortgage. We both lived in the home as well as my wife. My wife moved out less than a year later and we divorced in 1997. My father died in 1998. The mortgage is still in my primary name and he as the secondary. I will be needing to refinance soon. A bank representative has said my ex wife's name is somehow still tied to perhaps the deed. There is language and my ex wife's signature in the mortgage paper ,that my father insisted to be included , that she holds no rights to the property. There is also language in our divorce papers that she holds no interest in the home or other marital property.... Will refinancing be a problem for me ? I married my present wife in 2000 ...Thanks !

You referred to the mortgage with dad but it's the current DEED you need to pull. If your ex-wife is still on title but she relinquished any claim to this property during your divorce you still need to officially remove her from title.

If she won't sign a deed now, that's not the end of the world. You can get a court order removing her and record that... but you'll need legal help if you have to go that route.

So yes, if she's still on title this will definitely cause problems with your refi... no lender is going to lend to you until this is resolved.

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