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Relationship problems are leading to arguments about the house title...

My fiance and I are going through problems and I feel like our relationship of 10 years is coming to an end.  She is on the title, but not the mortgage.  I qualified for the loan on my own and added her to the title at the time believing I would be spending the rest of my life with her. At this time, I bring in about 75% of the household income.  My net income without bonuses is roughly 3,000 between my two jobs and my VA disability.  She is working part time while she's in school and brings in roughly $1,200 between her two part time jobs and assistance from her parents. 

Should it come to blows, do I have the legal right to have her removed from the title?  What are the best steps I should take to be sure I can keep what I've worked so hard for without losing a significant amount in the end?
  • February 20 2014 - Birmingham
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Answers (6)

Best Answer

I hope you do not mind me making the observation that you seem to be holding the house and the income variance over your wife's head. There are other things to figure out besides the house ownership details? I would not be the first one to wander into a lawyers office in the state of mind you are in. (Blows?) You might walk out of there with a one way pass to an unnecessary outcome.  All financial decisions are emotional to some extent. Maybe you have already done this but before anything happens I would go talk to a marriage counselor or your clergy. You married this woman for a reason and it is still there if you look. 
The house and title concerns are in the bleachers...get on the playing field. 

  • February 20 2014
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No. You do not have the legal right to "have her removed from title."

The short and sweet of it is this: if you can find an attorney or counselor that can help you reach an equitable deal, you're better off.

How much would you net from the house if you sold it today?
  • February 20 2014
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Profile picture for wetdawgs
The two of you need to see a mediator or real estate attorney, soon.  

For others reading this who are considering buying with a partner who isn't recognized in a legal relationship, see an attorney before buying to identify financial responsibilities and what happens if you split.



  • February 20 2014
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Doene and Dave are both correct, contact a real estate attorney . Both parties have to agree to be taken off title. I believe the document that would be needed to signed is the spousal agreement or something along those lines that she would be allowing her rights to ownership in the proeperty to be removed or some sort of quit claim deed but she will have to agree and sign off on it.

again as stated before contact an Attorney in regards to this or worse case reach out to a title company.

Good luck and best wishes!
-Scott
  • February 20 2014
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I strongly advise you to contact,(not a Realtor) but an attorney who specializes in  Real Estate in your state. Laws vary from State to State,but community property rights are upheld here, in California for married couples.
  • February 20 2014
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Profile picture for daveskow

John - I dont believe that one person can take another person off  the title to a property without  both paries  consenting

consult with a real estate attorney  if needed  and try to work out an arrangement with the other party to  remedy  her coming off  the title 
 

Also - depending on the state  you are in - there  may be some expenses / fees  that  might be trigerred  by  removing  or adding a non married person to title

idea - might  refinancing  your present mortgage make sense ?  if so - you might be able to  incorporate  the removal of her from title  thru this process   ( assumign she  is on board with this idea )

  • February 20 2014
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