How can I remove my ex from the property deed?

Q: What if my ex is on the deed but not the mortgage?

If your ex is on the deed but not the mortgage, they have ownership rights to the property but are not responsible for the mortgage payments. This means they can still claim an interest in the property. If you want to remove them from the deed, you will need their consent to sign a new deed.

Q: Do I own half the house if my name is on the deeds?

If your name is on the deed, you have a legal claim to the property. However, whether you own half depends on how the deed is structured. If it’s a joint tenancy or tenancy in common, you may own half or a specified share. If it’s solely in your name, you own the entire property.

Q: Can someone sell a house if your name is on the deed?

No, if your name is on the deed, you have ownership rights, and both owners must agree to sell the property. If one owner attempts to sell without the other's consent, the sale may be legally challenged. It’s important to have both parties involved in any sale discussions.

Q: What happens if the deed is in my name but not the mortgage?

If the deed is in your name but not the mortgage, you are the legal owner of the property, but you are not responsible for the mortgage payments. The mortgage holder can still pursue foreclosure if payments are not made, impacting your ownership rights. It's advisable to clarify responsibilities with the mortgage holder.

Full question:

I bought a house solely in my name. A few years later, I put my now ex on the deed.He only lived in the house with his name on it for 2 years. I would like to know what steps are necessary to remove him from the deed?

Category: Real Property
Subcategory: Deeds
Date: 04/07/2025
State: Rhode Island

Answer:

To remove your ex from the deed, you need their consent. They must sign a new deed to transfer their interest back to you. This deed should be notarized to be valid.

There are two common types of deeds you can use:

Quitclaim deed: This type transfers only the interest your ex has in the property without any warranties. It's often used among family members.
Warranty deed: This guarantees that you own the title and that the transfer is proper, but it comes with more legal obligations.

Once the deed is signed and notarized, it must be recorded with the county recorder's office where the property is located. This ensures that the change is legally recognized.

Keep in mind that if your ex does not agree to sign the deed, you may need to seek legal advice for further options.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if I am on the deed but not the mortgage?

If your name is on the deed but not the mortgage, you are considered an owner of the property. However, you are not responsible for the mortgage payments. The person whose name is on the mortgage is liable for the loan. This situation can complicate matters if the mortgage goes unpaid, as the lender can pursue foreclosure on the property, affecting all owners listed on the deed.

How to remove ex from house deed?

To remove your ex from the house deed, you need their consent. They must sign a new deed to transfer their interest back to you. This deed should be notarized and then recorded with the county recorder's office to ensure the change is legally recognized. If your ex refuses to sign, consider seeking legal advice for further options.

How can I remove my ex from the property deed?

Full question:

Answer:

FAQs

What happens if I am on the deed but not the mortgage?

How to remove ex from house deed?

What if my ex is on the deed but not the mortgage?

Do I own half the house if my name is on the deeds?

Can someone sell a house if your name is on the deed?

What happens if the deed is in my name but not the mortgage?

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