I added my daughter's name to the house when I signed papers in 2007. We did not use her income to qualify for the original mortgage. I do not want to refinance because I have credit card debt. Can you please tell me how we can remove her name. I have paid all mortgages payments since we moved in.
If daughters name is on the mortgage documents, you cannot remove the name unless you refinance the home in your personal name, or are able to get the lender to agree to remove the name. It is VERY unlikely that the lender will agree to remove the name if it is currently there.
If daughter's name is NOT on the loan, and only on title, she can quit claim her interest to you which would remove her name from the title. You cannot do this alone, she has to cooperate - unless you want to go to court.
Douglas Edmunds is in the business of helping people and companies file for bankruptcy protection. The bankruptcy code requires that I call my firm a "debt relief agency." Any answers or information provided is for general information purposes only and is not intended to be a legal opinion, legal advice or a complete discussion of the legal issues. This is not intended to create a attorney-client relationship. Each individual's situation is different and you should seek independent legal advice from an attorney familiar with the laws of your state for specific information.
She has to sign the deed conveying her interest back to you. The deed should be notarized. You can the record that deed with the County Recorder's office. Good luck.
Provided she is cooperative, all you need to do is have her deed her interest in the house to you. It's a simple filing. Sometimes title companies will do this as a courtesy. If not, a lawyer can help at a modest cost.
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