I have a girlfriend and she is moving out and both of our names our on the house?
PeterWe split up of course and I talked to my lender and he said all I had to do was refinance in my name and would not need her signature or anything. Is this right? Can you just easily take someone off the loan like that? He said he would get started on the paperwork right away and probably refinance at a lower interest rate since the market is the way it is right now. I just don't see this as being that easy. Input would be appreciated. Thanks.
CharlaHow is the placed titled?
CliffIs she on the title? If yes, she is 50% owner in the property and you WILL NOT be able to refin or take her name off without her permission. I'm betting this will cost you. You will need to pay her off.If she is only on the loan and not the title, she still needs to sign off, but she doesn't own anything but owes for the mortgage. Make the point to her that be refin, she will walk away without ever being responsible if you stop making payments.
RodNo - she will have to sign something.
Collinsounds as tho you are splittin the sheets for good, so you will need a 'quit claim' for her interest to be removed from the parcel. Make up the QC in advance b4 you spring it on her so she has no time to rethink the matter and want a bigger share going out the door.Then with that in hand, you will need to present that doc to the escrow officer to have her removed during the loan & closing process.I think the lender misled you somewhat...he really ment your score is good enough to qualify for the loan by yourself and she need not be on the loan.Just being on a loan does not remove one from the ownership of the parcel...you need to have her removed with a doc signed by the one leaving.Your home my not be her cup of tea and she doesn't consider the equity a big deal at this time,, so shes down the road.Ask your escrow officer what and what is not necessary to close the escrow for a new loan and with you on as sole owner.I think you'll find that moreover I'm correct.
LiseYou can refinance without her signature but if she is on the deed you will need her to sign off on that.If she is on the deed, that means she is entitled to half of the equity. Get an appraisal to figure the current market value, subtract the mortgage balance. It will be a lot cheaper to pay her off now then on down the road when you have to file partition suit to sell the place.
FredrickaI'm surprised she was fine with you keeping the house. I believe that if the title to the property is in your name solely, you should be free to refinance the house. However, if the title has her name on it, you can refinance the house, and when it is paid off, she still will have a claim on the property. When it comes time for you to sell the property, she will need to be contacted as the property may not be yours to sell without her permission. It is best to clear these matters up now. You don't want to have to track down an ex in 10 years and ask for a "favor." That is why we have attorneys.
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BrendaIt depends on the state laws if your agent says she doesn't need to sign - it probably is true. If you want to be sure contact the Department of Housing and Urban Development in your area (HUD).
RenaySure you can refi...but your name will be the one on the mortgage and her's will remain on the deed...still giving her 50% interest the the home. The only way to get her off the deed would be to refi...with her consent and signature..releasing her from any claims to the property.