Question by summer: can a spouse remove another spouse from the title upon refinancing a mortgage loan?
Answer by toddo
hi, im not sure where you are located. In Australia you cannot do this without some type of permission from the other party. For example they would have to sign a Transfer of Land document or alternatively you might have to buy it from them for nominal amount. I’m assuming that perhaps you are either separated or the one of the parties does not want to take part in the loan. Unless you have a court order or the transfer of land etc. you cannot remove them from the actual title. im from the finance industry and so im sure a property lawyer could answer this much more professionally. cheers
Know better? Leave your own answer in the comments!
Not without the notarized signature of both parties.
not without the written permission of the “to be removed” spouse. after all, if this was not necessary, what’s to stop someone that wants to leave their spouse from secretly refinancing the home, removing the spouse from the title, and then the spouse is entitled to none of the home.
Without their permission? Sure, you can do anything as long as you don’t get caught. I could file a paper today at your county courthouse saying I own your property. It’s not the job of the staff there to determine if a document is real and legal. Now if I got caught doing it I would be in serious trouble. It’s fraud. You should have them sign a quit claim deed and file it. Then everything is legal.