How can I remove my ex-wife from my house deed if she is not on the mortgage?

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How can I remove my ex-wife from my house deed if she is not on the mortgage?

When we got divorced the only thing she claim was the car but nothing was said about the house. Does she looses her rights to the house since she is not on the mortgage?

Asked on August 30, 2011 Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Oh my goodness.  Did you use an attorney to get divorced? I fear not and you need to see one now.  You can not "remove" her from the deed without her consent and she does not lose any rights to the house because she is not on the mortgage.  In fact, she sits in a pretty good position here in that she has no financial obligation what so ever - so she has nothing to lose if the house is in good shape financially - but she has everything to gain on a sale.  She owns half.  Please get legal help to sort this out.  If you two can not agree then you are going to have to open up the divorce proceeding for the limited purpose of distributing this asset.  Good luck.


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