Can Your Name Be Removed from a House Title Deed Without Your Consent During a Divorce or Refinancing?
When a couple decides to sell or refinance a house, any concerns about having your name removed from the title deed can arise. However, you cannot be removed from a house title deed without your express permission and signing a quit claim deed. This article explores the legal implications and provides guidance to homeowners faced with such situations, particularly when dealing with marital issues like divorce or refinancing.
Understanding the House Title Deed
A house title deed is a legal document that establishes ownership of your property. Your name is typically included on the deed if you are an owner. The mortgage is a separate document, a debt against the property, and a recorded lien, which restricts the resale of the property. However, the mortgage does not affect ownership. If your name is on the deed, you are an owner, regardless of whether you have a mortgage or not.
Can You Be Removed Without Your Permission?
No, you cannot be removed from a house title deed without your consent. If you agree to remove your name by signing a quit claim deed, you are no longer considered an owner and won't receive any proceeds from the sale. It's important to understand that this action is not related to the mortgage or refinancing but is a transfer of ownership.
Legal Protections and Risks
When your spouse wants to sell the house or refinance it, they need your consent. If you are not on the mortgage, but your name is on the deed, you still own half of the house. It's crucial to protect your rights and interests.
Should your spouse attempt to have your name removed from the deed, you must seek legal advice. If you are in the middle of a divorce, it's essential to hire a divorce attorney to represent your interests. An attorney can help you avoid being bilked out of your assets, especially if your spouse is not cooperative. If you cannot afford an attorney, consider finding one who will work on a contingency basis, meaning they will be paid from the assets acquired in the divorce.
What Happens When You Give Up Ownership?
If you sign the quit claim deed, you are giving up your rights to the property. In a sale, you need to sign the listing contract, the buyer's offer to purchase, and all closing documents. You will have to instruct the escrow to write you a check for half the proceeds from the sale, or the full amount can be wired to your personal bank account. Even if your name is not on the mortgage, you still own half of the house if your name is on the deed.
The net proceeds are what remains after the mortgage is paid off at closing. This action can significantly impact your financial situation, so it's crucial to thoroughly understand the implications before signing any documents.
Conclusion
Your name cannot be removed from a house title deed in most circumstances without your consent. If this issue arises during a divorce or refinancing, it's important to seek legal advice to protect your rights. Remember, the goal is to protect your financial interests and avoid being powerless without money. Navigating such situations requires careful legal guidance to ensure you are treated fairly and legally.
Key takeaways:
Do not sign a quit claim deed without proper legal advice. Seek a divorce attorney and consider a contingency basis if you cannot afford one. Thoroughly understand the implications of any actions related to your house title deed.