How do I refinance a house if my ex-‘s name is still on the mortgage but the deed is in my name alone?

My ex-husband and I were divorced 6 months ago. He has been living in the marital residence but is now willing to provide me with a quitclaim deed so that I can refinance the house. However, the property is in my name alone. The mortgage is in both names. Is a quitclaim deed still or would I be able to refinance the mortgage in my name only?

Asked on December 13, 2011 under Real Estate Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If title to the home that you wish to refinance the loan on is in your name alone there should be no problem refinancing the loan assuming you can qualify for it even though the former spouse is still obligated on the existing loan.

The offered quit claim by your former spouse to the home should make things even the more easier for you to refinance the home. The benefit to him is that he will no longer be obigated on the new loan for the home. Further questions should be done with an experienced real estate attorney.


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