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How can I legally get my ex wife to sign off the house loan so I can own the home with out her?

Princeton, MN |

I was approved for the loan by myself but she isn't willing to sign them. What options do I have?

Attorney Answers 4


Who takes a loan is not necessarily dispositive on the issue of who has property rights - you should consult a local divorce attorney and discuss the situation in detail.

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You comment that you are trying to deal with your ex-wife. What does the divorce decree state about how the house is to be dealt with? She may be required to sign off on your refi. Or, the Decree itself may perhaps serve as an appropriate conveyance to you if she refuses to sign. A review of the express language of the Decree of Dissolution of Marriage may answer the question. If you had a divorce attorney, that person would also be a good resource to hopefully get some answers. Your next step is essentially dependent on what language made it into your Judgment and Decree. If you had (or have) no attorney, you would be best advised to get a full copy of the entire Judgment and Decree of Dissolution and bring it to an attorney to have an in-person consultation.

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As Mr. Colburn stated, it really depends on the Decree. What does it state? If it was done properly it would state who was entitled to the home and that the other spouse was required to execute the proper documentation to transfer title within a reasonable time frame.Since you are asking this quesiton, I am guessing it was not addressed in the Decree. Unless your ex-wife is willing to transfer the title over to you, you are going to go have to back to court to get this problem addressed. The fact that you were approved for a loan is not going carry much weight, unless it is addressed in the Decree. Obviously, if you had an attorney you should call her to get this taken care of.

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Your question is a bit confusing. If you are speaking of the new loan paperwork, then she doesn't need to sign anything. I belive you are speaking of her signing a Quit Claim Deed to transfer ownership to you and you alone. Your Decree should have awarded you the house and allow for an automatic transfer if she didn't sign the papers. Check the decree. If it doesn't say that, then you'll have to go back to court and get an order awarding you the house.

This answer is not to be considered a response to a specific legal issue in a specific jurisdiction - it is to be considered only a general response to a hypothetical scenario posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction.

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