How do I refinance a house if my ex-‘s name is still on the mortgage but the deed is in my name alone?

UPDATED: Dec 13, 2011

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How do I refinance a house if my ex-‘s name is still on the mortgage but the deed is in my name alone?

My ex-husband and I were divorced 6 months ago. He has been living in the marital residence but is now willing to provide me with a quitclaim deed so that I can refinance the house. However, the property is in my name alone. The mortgage is in both names. Is a quitclaim deed still or would I be able to refinance the mortgage in my name only?

Asked on December 13, 2011 under Real Estate Law, North Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If title to the home that you wish to refinance the loan on is in your name alone there should be no problem refinancing the loan assuming you can qualify for it even though the former spouse is still obligated on the existing loan.

The offered quit claim by your former spouse to the home should make things even the more easier for you to refinance the home. The benefit to him is that he will no longer be obigated on the new loan for the home. Further questions should be done with an experienced real estate attorney.

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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