What is the name of your state (only U.S. law)? Pa, Wife and I are in the middle of a divorce. She wants her name off of the house? How is this done. Someone told me I would have to refinance the house in order to do this. Doesn't make sense to me.
Check your court documentation that you should have received when one of you filed for divorce. In all likelihood, you can't do it at all without the court's permission - which they very well might not grant until the divorce is final.
Once you have court permission to proceed, you can eliminate her interest in the property with a quit claim deed (like anything else related to real estate, this must be done properly, so make sure it's written by someone who knows what they are doing).
In the simplest of cases, that would be the end. However, if her attorney is any good, he will likely suggest that you be required to remove her name from the mortgage, as well. That can be accomplished in several ways:
- Refinance in your name only (requires sufficient equity)
- Ask the bank to take her name off the note (only likely to happen if you were the major bread-winner and if there's plenty of equity). This will cost less than refinancing and you will get to keep the old interest rate.
If there's insufficient equity and/or you are unable to refinance or have the bank remove her from the note, then you might have to sell the house.
