My husband wants my name off the house?

Dion
Question: My husband and I have been married for 30 years and he works. I retired a few years back. We are having some marital issues and he wants to refinance the house, but he wants to take my name off of it. I find this disturbing. Can he refinance the house by his self and take my name off without my consent. I will be contacting a lawyer as soon as possible.

Dagny
NOPE! You must be present to sign even if you name is not on the house to refinance as long as you are married. So to take your name of off the house without your consent is next to impossible.Still I would recommend you go ahead and speak to a lawyer.

Babette
If both of you are on the deed, then he can kick and moan forever to no avail--both of you own the house, probably as tenants in common, so one cannot sell without the other's permission. He wants to refinance the house and take your name off the deed? Fine--as long as he pays you the portion of the equity that's yours. Let the lawyer be your guide--if what he wants is actually a divorce you can get the house for yourself or force its sale and split the proceeds or have him buy you out. There's a reason for all this silent folderol, and I'll bet it wears a skirt.

Alfred
He can't take your name off the deed, but even if he did find a way, it would still be community property and he would have to pay you for your half of the house if you split. When you have been married as long as you have, half of everything belongs to you. I had a friend who's husband tried to pull a stunt like this when he wanted a divorce. She borrowed a chainsaw and he got half the sofa and chairs, dinining room table and chairs, half of the bed...etc. LOL it was hilarious!

Irmgard
If your land title/house is currently in joint names. Then it should stay that way. Have you asked why he wants to remove your name off the deeds/ mortgage & refinance the house? DO NOT DO THIS! It smells a bit off. Sounds like he wants to move you out & move on up. Beware just because you have retired does not mean you have not contributed to your joint household. Seek legal advice ASAP. He may be able to get a partial loan but if it has anything to do with re-financing a joint mortgage & land titles/house deeds it cannot be done - without your signature not in Australia anyway - if he tries put a "caveat" on the house.

Kieth
He can't do that without your permission - you legally own half the house (whether joint tenants or tenants in common). Have you asked him why he wants to do this? He may have a sensible financial explanation. If not i'd be very suspicious and unhappy about why on earth he wants to do this - that's the real issue to address surely.

Hiedi
Jan I would view this as a trick if you are already caring a loan on your home and both of you are on it he cannot have you removed. Unless the home is sold or he buys your half out. Or a judge says it's ok to take you off in the event of separating or divorce. My guess would be the only reason why a person would do this is so they can try and get the house during a divorce. Look out for number 1 here. He is up to something shady!Good get with that lawyer and even if need be rethink your marriage this is shady and mind blowing.

Althea
You contact that lawyer. Don't sign anything without the lawyer's advice. Bottom line, depending on the laws of your state, you may be entitled to 1/2 of the value or equity of the house, since you helped build up that wealth. Get what is yours. You will be sad if he wants to divorce, but it will be more bearable if you get something out of what you have worked towards for 30 years.

Barbara
This means should things go "**** up" you have not got the security of the hosue.A very low thing i must add for him to do to you after 30 years!!!did he give you any real reason why he wants your name off it? but you need to consent to it - because its a joint name, he has to have your lawyer agree to this.i suggest get him to give you a reason why he wants your name off the house and then consult with your lawyer and see what his opinions are.good luck xxx

Clare
Even if he takes the name off the finance, you are still the part owner of the house. It may be that you cannot be named on the finance documents because you have retired, but this does not remove your entitlement. Have you asked why he wants to do this?That would be my first question, and from there, depending on the answer, I would contact a lawyer if it wasn't favourable.I would worry more about your marriage right now... do you want to save it, or are you happy for you to both continue on this path?Good luck, :: smiles ::

Anderson
Tell him to go to hell, and no he cannot take it off your name, he would most probably not have gotten the finance if it was not for your income combined, he will have to buy your half from you, no other way will be legal, half of the house belongs to you

Gertha
No he cannot do " ANYTHING " without your signature. So DON'T sign...remember that house and everything in it is 1/2 yours.Should he try anything behind your back...you still got him...so see that lawyer now.He's thinking he is going to be able to pull a fast one one you.

Lauryn
Your husband can't legally just take your name off the house even if he does refinance. In order for your name to be taken off you'd have to sign a quit claim deed. Good idea to see a lawyer, it's sound like he's planning a split. Good Luck.

Chang
let him go, with the down turn in global economy's, unemployment set to sky rocket, and a depression sure to hit he might be paying off whats left for the next 100 years... anyways its just a house, some timbers, bricks, paint, carpet etc...

Cody
No...your name is on the deed. DO not take it off and SIGN NOTHING. If he wants to refinance the house, you are not obligated to sign any bank paperwork...Also, he cannot get a loan without your approval.

Danelle
If he is the one who's doing purchasing and your name is just placed there, he has the right. However, if you and him are the one who's paying, then it's different story. Get some legal advice.

Berry
He can't do it without your permission but make sure you don't budge on the issue, it is disconcerting!

Doug
He cannot do it without your consent if your name is currently on the house. Do NOT allow him to remove it. NO WAY.

Eloisa
If you both signed when you bought the house he can't do squat without your Signature.

Valorie
You need to get a lawyer and ask him these questions. I suspect he is up to no good. You need to look out for your own interest.

Brice
No he can't. You are doing right by going to see a lawyer.

Tiera
i dont think he could with out your signiture, but dont give him it. how dare he ask you that.

Dennis
better contact a lawyer sooner than that - like yesterday...something smells.

Johnsie
first of all think that ur better half...so discuss with him and reach a gud deceision

Elicia
Contact a lawyer! What gives him the right to take your name off YOUR house!