Spouse surrenders property; what document needed to refinance house from both names to one.

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Spouse surrenders property; what document needed to refinance house from both names to one.

My wife left me and is surrendering the house which is in both our names. We have been separated for only a few months and there is nothing filed in the courts. I am trying to refinance the house in my name only. I have been told that she just needs to write a statement explaining that she has no interest in the property and have it notarized. Is that all I need to allow me to do the refinance?

Asked on July 2, 2009 under Family Law, Virginia

Answers:

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

Answered 11 years ago | Contributor

Honestly, I do not know of lender that will allow that, but I am not familiar with the law in Virginia.  I would also do NOTHING with her unless she is represented by an attorney (and so are you) for each and every step.  What she says now and what she will say later during the divorce proceeding may be quite different.  People get funny when money is involved. 

You do not need to have started the divorce proceeding to have her give up her rights in the property, but again, I would not attempt to do this without both of you having legal representation and a written agreement as to the house.  Get a lawyer in your area to help you. Good luck.

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

Answered 11 years ago | Contributor

Honestly, I do not know of lender that will allow that, but I am not familiar with the law in Virginia.  I would also do NOTHING with her unless she is represented by an attorney (and so are you) for each and every step.  What she says now and what she will say later during the divorce proceeding may be quite different.  People get funny when money is involved. 

You do not need to have started the divorce proceeding to have her give up her rights in the property, but again, I would not attempt to do this without both of you having legal representation and a written agreement as to the house.  Get a lawyer in your area to help you. Good luck.


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