Will new wife replace ex-wife on the deed?

gog8rs · Joined: 21 Sep 2009 Posts: 2 1.51 Dollars($)

I am divorced and I was granted the home in the divorce. The loan is only in my name as my wife did not have good credit. I am planning on getting married next year, will my new wife replace my old wife on the deed? I have asked my ex for a quit claim and she wants a large sum of money to take her name off of the deed.

chrisburns · Posted: Mon Sep 21, 2009 12:55 pm Post subject:

Yes in order to remove her from the deed, she will have to agree to be removed. In order to agree to be removed she will most likely want to be compensated in some way. Whether you sell the home or refinance it she will have to be involved since she is on the deed.

If you were given full ownership of the home in the divorce and she is giving you trouble then you may have to get a court order for her to comply.

gmakerley · Posted: Mon Sep 21, 2009 1:38 pm Post subject:

no doubt, your former wife will want to be compensated for the time spent in the family home and for her contributions to the current equity position that you enjoy. mind you, those contributions need not have been monetary as a general rule of thumb. it's not out of the question for her to seek a financial settlement in return for removal from ownership.

gog8rs · Joined: 21 Sep 2009 Posts: 2 1.51 Dollars($)

So my new wife will be added to the deed automatically and my ex-wife will not be removed automatically so they will both be there?

Posted: Mon Sep 21, 2009 3:58 pm Post subject:

Some states don't require your spouse be on the loan if they are not on the mortgage.

What I was trying to tell you is that you don't have to refinance to get your ex off the title if she is NOT on the loan. She just needs to do a quit claim deed and be removed, She will have to agree to that. Is she willing?

sunnyca2009 · Joined: 04 Aug 2009 Posts: 1737 36.13 Dollars($)

Your ex can give you a quit claim deed and remove her name from the deed

gmakerley · Posted: Tue Sep 22, 2009 6:50 am Post subject:

your new wife cannot be added automatically. each transfer of interest in the property requires a deed. as noted, your former wife can quit claim her interest in the property to you. she could also quit claim her interest to you and your new wife at the same time, which would negate the need for a second deed

sunnyca2009 · Joined: 04 Aug 2009 Posts: 1737 36.13 Dollars($)

Good suggestion George

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