How do we get my husband’s ex off of our deed? .

UPDATED: Sep 30, 2022

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How do we get my husband’s ex off of our deed? .

My husband and I have been married 2 years. We’ve been making updates and repairs to our home. The one thing we worry about is his ex is still on the deed they were never married. Since she’s unhappy with her life, no matter what, she will not agree to sign off on the deed. She doesn’t and has never made payments on the mortgage, never put anything into the house and hasn’t lived in the house for at least 4 years. Refinancing could spike our payments, so is there any other option to get her off of it?

Asked on March 3, 2016 under Real Estate Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The only way to get an owner (because that's what she is, if she is on the deed) off a deed is for her to voluntarily quit claim her interest to you. If she won't do it for free--and there is no reason why she should--you can try to buy her interest in the property. If she won't sell, or won't sell for an amount you are willing and able to pay--all you can do is go to the courts, file a legal action, and seek a court order that since the owners can't agree as to what to do with the property, the court will order the property to be sold and the proceeds split. Or you can offer to sell your interest to her, see if she'll buy it, and, if so, sell and move on to a different home. Refinancing won't the home is paid for does not affect ownership. Remember that she is an owner--you can't simply make an owner give up her share of property.

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