Are there any circumstances where one spouse can have the other spouses name removed from the deed of the home without signature or against their will.
No. The only way to change ownership would be via deed, so you would need their consent to remove their name. If married, the equitable distribution action would be the proper route to change ownership.
Thank you so much. . .we were in panic mode and were concerned she could find a “loop hole” with a shark attorney to have his name removed from the deed. It is my understanding that since her name is the only one on the mortgage therefore she is totally responsible for payment and taxes? So she would have to “buy him out” or sell the home to remove his name. . correct? No divorce proceedings have been initiated by him and he has not been served by her either. Unfortunately he is on disability and cannot afford an attorney. Since they have the 12 months restraining order I am assuming this has no bearing on the deed situation?
Thank you Rosen Law Firm for this wonderful forum in helping so many people.
If he is on the deed with his ex, then they are both responsible for paying the property taxes. However, if only she is on the mortgage, then technically he doesn’t have to pay the mortgage. It may be in his best interest to ensure it is being paid though because if the property goes into foreclosure it will be a loss to him as well, since he is on the deed. When an equitable distribution is done, she can refinance to pay him out his half of the house, or she can sell the house and divide the proceeds. Both of those are options, and you can work those details out also in a Separation Agreement.