Can a wife be taken off a deed when she is not on the mortgage?
Question Details:
Wife is on the deed with me but I'm on the mortgage alone. Filed for divorce last week. Can I take her off deed without permission? She left a year ago without notice with our child.
Divorce, Marriage, Alimony Law Answers
You'd have to ask the court to order this. To take her name off the deed, you'd need a deed from her, signing over her interest, and the court order is the only way around the obvious problem with that one.
In a divorce, though, and in a situation like this, if she is gone, can't be found, and you're getting the house, the court can issue an order appointing you (or someone else) as having a power of attorney for her, to sign the deed in her name. This will only happen after you show that you have made a full and honest effort to find her and give her notice of the case. A lawyer can help you with the paperwork.
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