Legal Question in Real Estate Law in Virginia
Ex-wife on Mortgage & Deed
My exwife still has her name on the mortgage and deed to home. She left in 2004 and we have since divorced, she has remarried and has another home. How can I remove her from the mortgage and deed without her signature. She refuses to sign the refinancing if she can't get any money out of it. Giving her money would add to my monthly bills and that is the whole reason for refinancing - to lower my payments. Youdr advise would be greatly appreciated.
2 Answers from Attorneys
Re: Ex-wife on Mortgage & Deed
Unless disposition of the property was provided for in the divorce case, the two of you both may own the property.
She may have a right to some of the equity, but more information is needed. For example, who has been paying the mortgage and expenses since she left? If you, that may offset, any claim she has.
Re: Ex-wife on Mortgage & Deed
Your mistake was in not settling this matter BEFORE your divorce was finalized. As a result your former wife
still retains what the law terms a one half undivided interest in your whole property and you cannot remove her name from the deed without her cooperation and probably not from the mortgage even if she does (cooperate).
What you're now facing, assuming that your ex either cannot be bought out or that you refuse to resort to this measure, is filing a partition suit in the circuit court(can be expensive) which would likely result in the court-ordered sale of the property and division of the sale proceeds between the owners of record(you and your ex wife) in the event that a settlement cannot be reached.
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