Can I refinance if someone else’s name is on the title/deed?

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Can I refinance if someone else’s name is on the title/deed?

I purchased a home 11 years ago and my name was on the mortgage and title/deed. Then 6 years ago I had a trustee deed or survivorship deed drawn up to include my partner’s name. My partner’s name has never been on the mortgage nor have they ever contributed to a mortgage payment. 3 years ago my partner moved out of the house but has refused to agree to take their name off the deed and we can’t come to a decision concerning this matter. I am currently considering refinancing and was wondering if I can do this without my former partner being involved.

Asked on January 18, 2012 under Real Estate Law, Kentucky

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the deed to the property is solely in your name where the survivorship deed (trustee deed) that you write about is in your former partner's name, you may be able to refinance the property without that person being involved. The issue is whether the former partner has an actual ownership interest in the property at this time or not.

If not, then you might be able to do what you want. If yes where this person has an ownership interest presently, that person needs to be involved in the refinance process to sign documents.

I suggest that you consult with a real estate attorney about the current deed to the property you write about and bring it to him or her for review and a legal opinion.


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