If I sell my home with my ex-husband’s name still on the loan, will he have to sign the closing papers?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I sell my home with my ex-husband’s name still on the loan, will he have to sign the closing papers?

I want to sell my home that was awarded to me through my divorce settlement. I have a Special Warranty Deed signed by my ex-husband. However, the house loan is still in both of our names.

Asked on April 22, 2011 under Real Estate Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As you have discovered, the deed and loan are two separate documents. One is security for the other.  Here is your dilemma: by your ex spouse signing over a warranty deed, it actually may have accelerated the loan due date. Now, since the loan is still in the both of your names, so your lender will either need to allow you to refinance solely in your name (which shouldn't require him to sign off if he is no longer on the title) or be present at the closing to sign off his portion of the loan at the settlement if you choose to simply sell prior to refinancing. Some lenders do require the other borrower to be there because usually the other borrower is on the title and like I said what complicates it herein is the act your ex committed may have actually accelerated the loan.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption