Removing Spouse's Name From Deed

[TheFonz]

What is the name of your state? Tennessee

I purchased a house in Augus of 2005. At the time my wife and I were not married but engaged. Her credit was not good so I got the mortgage in my name and at the initial closing only my name was on the deed. About a week later I did a quitclaim to add her name to the deed (we still were not married). She did not move into the house until November of 2005 and we didn't ge married utill April of 2006. She has never made any payments on the mortgage and the account I use to pay the mortgage is mine and she does not have no has ever had access to that account.

While I was out of the country in Dec of 2006 she packed up and moved out without warning. It does not look like we will reconcile so I am in "protect your interests" mode.

Can I have her removed from the deed without her consent?

[BelizeBreeze]

Originally Posted by TheFonz

What is the name of your state? Tennessee

I purchased a house in Augus of 2005. At the time my wife and I were not married but engaged. Her credit was not good so I got the mortgage in my name and at the initial closing only my name was on the deed. About a week later I did a quitclaim to add her name to the deed (we still were not married). She did not move into the house until November of 2005 and we didn't ge married utill April of 2006. She has never made any payments on the mortgage and the account I use to pay the mortgage is mine and she does not have no has ever had access to that account.

While I was out of the country in Dec of 2006 she packed up and moved out without warning. It does not look like we will reconcile so I am in "protect your interests" mode.

Can I have her removed from the deed without her consent?

as the other 1,000 or more post on this forum, the answer is no.

[Ozark_Sophist]

You gifted half the house to her before you were married. Half the house is hers regardless whether or not she has made or contributed to payments.

[TheFonz]

O.K., let's say I changed the locks and she decides to break in. Do I have any legal recourse?

Better yet, is there any way I can bar her from coming to the house?

[Ozark_Sophist]

No, she owns half the house. If you change the locks, she can call the locksmith and have them changed again so you are locked out. (or at least get a new key).

[CJane]

You should've 'protected your interests' before you gave her the gift (prior to marriage) of half the house you're paying for. Because ... it's HERS now.

[Ozark_Sophist]

You are on the hook for the mortgage even though she owns half the house. You might even have violated conditions in the mortgage by giving away half the property, so it's possible it could become due at once (good luck refinancing because you would need you wife to sign off).