Furthermore, if the question on your mind is, “can I sell my house without my spouse’s signature?” The truth is, if both husband and wife are listed on the deed, but the mortgage is in the husband’s name, you will need a quitclaim deed to transfer the mortgage responsibility and the deed to one name.
What Is A Quitclaim Deed?
You should endeavor to read the mortgage documents carefully. If the mortgage deed claims that you and your wife are joint tenants, both of you are co-owners of the house. In a case like this, both signatures would be needed when you want to sell the property.
In addition, you should know that the quitclaim deed doesn’t relieve either party from the mortgage obligation. If the original mortgage document lists both parties as responsible and the divorce doesn’t include an indemnity clause for payment, you will have to see your lawyer again to ensure that your ex is freed from the mortgage commitment. This might even convince her to sign.
Do I Need My Ex-wife’s Signatures For A Divorce Sale?
However, if you have acquired the property before marriage and you are the sole owner of the house, you can sell the property at will. If part of her income was used to pay the mortgage associated with the house at some point, then you will also need a quitclaim deed to proceed.