Quit Claim Deed, Refinancing
Is there a way to refinance without the quit claim deed for the purpose of removing an ex-spouse from the mortgage?
Background info: Divorce finalized 4 years ago. Husband must refinance to remove wife's name on the mortgage. The CT-based decree states that he must refinance and then get the wife's quit claim deed. Without the quit claim deed, the husband cannot refinance. The property is in VA. The wife had no interest in the house until recently when asked for the quit claim deed. Now, she wants the house sold and wants the money from the proceedings. Wife filed for motion for contempt of court's order ...
Is there any other ways for the husband to remove a wife's name without her quit claim deed to the property?
Have her declared insane, her death. Even with these two that I do not recommend you will be tied up in other courts. Your best option is deal with her. I do not know of any other way. Hope someone else may have a way but I doubt it.
Ted Jr
Only way, while W is living and not declared incompetent, to obtain W's interest, is new deed from her.
If she refuses to deed you her interest, depending on the court's prior orders and the status of your court action, you could petition the court to order the W to give you a deed now.
This is grounds for divorce, and/or another law suit. The husband can't refinance with out the deed for his ex-wife.
The remedy is to give the wife some cash for her deed. It may be cheaper than the second remedy which is to go back to court.
I agree with SammyVegas. Quit Claim her off the title, get a cash out refince or rate and term refi and second mortgage. So you can give her some money from the equity you have (I have no idea how much equity you have though). That would be easier than selling your house.