Can I refinance my jointly titled home without my ex-wife’s signature if the divorce decree states that I was soley awarded the house?

I was awarded the house in the divorce. My ex is not cooperating and I want and need to refinance my home in my name only but the bank will not do so without her signature which she is not willing to give.

Asked on July 30, 2010 under Real Estate Law, Utah

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok, we need to start with the divorce award.  When you were awarded the house was there a provision regarding your wife's signing a deed over to you (quit claim probably)? Did she than a copy and proof it was filed.  If the scenario is different and you have no deed, then you ne4e do so?  Then if it was executed and properly filed the bank should not be requiring more.  You need to go back to court to ask the court to order her signature on whatever documents you need to effectuate the refinance.  I am sure that the award indicated that she was to do what was necessary to transfer the property and to help in that process.  She would be in violation of the order (or "contempt") and the court will not look favorably on her.  Good luck. 


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