Can my husband refinance the house without my signature?

Full question:

Hello, My husband of 18 yrs has recently mentioned divorce. A few yrs back we refinanced our house. I had something on my credit history, so the realtor said for now remover my name from the house papers, and at a later date we could add it back into the paperwork. Well we never did. He now wants to refinance again, and roll the two payments into one. And then with the extra cash he would get from doing so, most likely wants to stash away without my knowledge in a new bank account in town, so I cannot get any of it. This is some advise I read that he got from his sister. Question is: Is my name still legally on the house? Or because we had to take it off and has been in only husbands name, is he the sole owner and can he refinance without my signature ?

• Category: Real Property
• Subcategory: Deeds
• Date: 04/07/2025
• State: Nevada

Answer:

The answer depends on who is currently named on the deed. If your husband is the only person listed, he is the sole owner. In Nevada, a community property state, the court typically divides marital property equally unless there is a compelling reason not to do so. However, lenders may require a spouse not named on the deed to sign documents relinquishing any claim to community property rights before approving a refinance.

Joint tenancy allows two or more individuals to own property together, with rights of survivorship. This differs from tenants in common, where each person has an undivided interest but no right of survivorship. In a joint tenancy, all owners must sign documents to transfer or sell the property. If one owner sells their interest, it converts to a tenancy in common.

In summary, if your name is not on the deed, your husband may be able to refinance without your signature, but the lender might still require your acknowledgment of community property rights.