Question
What if my ex won't sign the deed?
I bought a house when we were married (all in my name), and the divorce decree shows it's mine, but now, trying to re-finance, she has to sign something and refuses. How do I make her sign it? Or is there a way around it? If I pay it off will I still need her signature? I'm in Idaho. Please answer all the ?'s Thanks
5 months ago - 3 answers
Best Answer
Chosen by Asker
Didn't the court award you the house as your property? If it is clear in the marital property settlement and she won't sign to release her dower rights, go back into court and the court will order her to sign or be held in contempt of court--jail until she signs. Yes you need her signature because of commonlaw dower rights even if you pay off the mortgage, regardless whether you pay off the mortgage. Thus even though you bought the house solely in your name, because you bought it during the marriage, you have to jump through the hoops. It has NOTHING to do with her agreeing to anything or being in title or on the mortgage, because she isn't. It has everything to do with giving a clear first lien to your new lender. It's a post-decree matter you petition up before the same judge. See your attorney,
Source(s)
tax pro
by chatsplas
5 months ago
Asker's Rating: 
Other Answers
What is the "something" that needs to be signed? It's not the divorce decree that matters, it's the property title (deed) and current mortgage loan that matter. If she's still on the deed, then she needs to quit claim her interest over to you. That should have been taken care of at the time of your divorce.
by jlf- 5 months ago
If it's in the divorce agreement, than the house is yours. But she doesn't have to agree to an additional loan. It depends on the term, cash out, and payments. Since she is on the loan, she hasn't have to agree with what your doing. Paying it off is your option, and she would probably HAVE to sign in that case because there is no liability on her part. She already agreed the house is yours. New loan terms however are another matter that may have to be settled as a legal matter.
by Paul- 5 months ago
She probably needs to sign a Quit Claim Deed, but I don't know how you can force her to do so without going back to court and getting a court order.
by Bryce- 5 months ago
Obviously it is not all in your name if the ex needs to sign something. The only way to "make her sign it" is for a judge to compel her. Depending on what it is will dictate whether there is a way around it, if she is on the mortgage papers or the deed, there is no way around it. If you pay it off, you should not need her signature, but again, it depends on where she appears, if she is on the deed, she will have to sign.
by godged- 5 months ago