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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 13 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.
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 AttorneyPages.com 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.