Legal Question in Real Estate Law in Maryland

Cannot refinance mortgage

I need to refi my mortgage from 11.5% to a lower rate. I am divorced and my ex is on the title. I have no ideal where she is or even if she is alive. we have been divorced for over 15years. I have been the sole payer of all related bills since then. Is there anyway I can remover her name from the title due to title abandonment? She filed bankruptcy and left me with the remaining bills when she left.


Asked on 8/01/07, 6:20 pm

2 Answers from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Cannot refinance mortgage

The title was not changed incident to division of marital assets. This needs to be corrected. Several documents will be needed. Contact my office for assistance.

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Answered on 8/01/07, 11:49 pm
Robert Sher Wagshal and Sher

Re: Cannot refinance mortgage

You made a mistake by not resolving this property issue at the time of the divorce. Even though you are divorced, she is a tenant in common owner of the property along with you, and you can't simply remove her name. You are going to have to make a concerted effort to locate her and see if she's willing to deed over her interest given the passage of time. If she died, her heirs now own her half of the property, and you will have to deal with them. You may have to pay her/them something to gfet their cooperation, but that may be easier and cheaper than going to court. If all else fails, you may have to file a partition action in court to force her to give up her interest.

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Answered on 8/02/07, 9:43 am


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