Can I refinance without approval from my ex-spouse?

UPDATED: Oct 1, 2022

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Can I refinance without approval from my ex-spouse?

My ex-spouse and I purchased a house together 9 years ago. She moved out 4 years later and we were divorced 4 years ago. Ownership of the house was not addressed in the divorce papers but we filed a quit claim deed with the county where she voluntarily relinquished her rights to the house. However, her name is still attached to the mortgage loan. All mortgage payments and home improvements for the past 5 years have been paid by me from accounts solely belonging to me. I would like to refinance the mortgage in my name only. Do I need her approval?

Asked on November 12, 2018 under Real Estate Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you are now the sole owner of the property (as your question indicates), you may refinance in you name only without her consent or approval. You cannot obligate someone against their will or without their consent, but that's not what you are doing here; in fact, you are doing the opposite and eliminating her obligation by paying off (through refinancing) the loan on which she is on. No approval is needed to pay off the loan for 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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