Can i buy a house even when my name still appears on my ex wife house back in 2007?

UPDATED: Oct 1, 2022

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Can i buy a house even when my name still appears on my ex wife house back in 2007?

We are separated but not filed any paper works
since 2007 and im buying a house but my name is
appearing on the title on a house she bought before
we were married, is there a work around to this so i
dont need to speak with her because the underwriter
is asking for documents stating that i dont own it.

Asked on December 14, 2018 under Real Estate Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Legally, you can buy the house; but you might not get a loan (so this would not be an issue if you were paying cash) because you are still evidently responsible for another property. The lender does not need to lend to you if they feel you are overextended or otherwise not a good risk.
There is no way to prove you don't own it becaue if you are on the title, you do own it--you are one of the owners. You will have to give or sell your interest in the home to your estranged wife so that you are no longer on the title, but you cannot do this without her consent; you cannot make someone accept your interest in property without their agreement. You will, therefore, have to speak to her and work this out with her.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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