The spouse must sign a deed and convey their interest in the property.
No. You cannot remove a spouse's name from a mortgage or a deed. If you want their interest in the property they must execute a deed voluntarily, transferring their interest to you. You may need to buy them out.No. You cannot remove a spouse's name from a mortgage or a deed. If you want their interest in the property they must execute a deed voluntarily, transferring their interest to you. You may need to buy them out.No. You cannot remove a spouse's name from a mortgage or a deed. If you want their interest in the property they must execute a deed voluntarily, transferring their interest to you. You may need to buy them out.No. You cannot remove a spouse's name from a mortgage or a deed. If you want their interest in the property they must execute a deed voluntarily, transferring their interest to you. You may need to buy them out.
In most cases the spouse has a right in the property, even if they are not on the deed. If there is no will, the spouse typically inherits the property.
If the property was awarded to you in a divorce proceeding and the ex-spouse refuses to sign a deed, the court order can be recorded in the land records in most jurisdictions. Recording the decree will effectively pass title. You should ask the attorney who represented you in the court proceeding. However, if the property still has a mortgage, the most effective way is for you to refinance the property and the name on the deed will change with that. The spouse cannot be removed from the deed unless the lien holder (aka a mortgage) agrees.
A quit claim deed will be rather inexpensive. However, the spouse can require payment to sign the agreement. You cannot remove them without their agreement and consent.Another PerspectiveA quitclaim deed will transfer the interest of the spouse in the property but will have no effect on the grantor's responsibility to the lender or the mortgage. Generally, the mortgage must be paid and refinanced in order to remove a spouse from any responsibility for paying the mortgage.
Your spouse's credit score should not be affected if he/she is not on the deed or on the mortgage that was foreclosed.
If you acquired the property as joint tenants with the right of survivorship then you automatically own the property as the surviving spouse. You do not need to record a new deed. You need to record a copy of the death certificate in the land records as notice that the other joint tenant has died. Any professional checking the title to your property will note the joint tenancy recited in your deed, see the death certificate for your spouse and know that by operation of law you are now the sole owner of the property.
The spouse must voluntarily execute a deed that transfers their interest in the property to you.
Quit claim deed.
Answer: In a Massachusetts divorce where the decree provides that W pay a dollar sum to H and H conveys his interest to W, if W pays and H refuses to sign a deed then the court decree can be recorded and the recording of it will convey his interest. You should have proof in your divorce file that you paid him. The payment should have been exchanged for the deed by your attorney.
A deed to a property specifies who owns the property. If the property belonged to someone who has died then the property (and the deed to it) become part of the dead persons estate. What happens to the estate is determined by the dead persons will. In view of this it is unclear what you mean by a property deed overriding a will - your question makes little sense.
Their name does not need to be removed from the deed. Generally, all that's necessary is that you record a death certificate in the land records to clear the title.