Can I force my ex-husband to refinance the loan on our condo?

My ex-husband and I were divorced 6 years ago; it was uncontested. Unfortunately we did not go through attorneys. Now I learned that I am still on the deed of the condo, although I have not lived there for over 6 years. He does not want to refinance the loan because he doesn’t think he will get the same interest rate. What steps do I need to take to remove my name from the deed? We are both remarried and I just want this to end.

Asked on July 22, 2015 under Family Law


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can't force your ex-husband to refinance the loan on the condo.

You can have your name removed from the deed by filing a quitclaim deed.  A quitclaim deed releases your entire right, title and interest in the property to your ex-husband.  The quitclaim deed needs to be signed in the presence of a notary and then filed with the County Recorder's Office.  The quitclaim deed is effective upon being filed with the County Recorder.

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