Washington, DC asked in Civil Litigation for Maryland

Q: My ex-husband name was remove from the deed but still on the mortgage. Do I need him to sell, and do he get any proceeds

He has not lived in the home since 2011, and I have been paying the mortgage and all household obligation. I've tried to talk with him to get him to sign the paperwork for me to assume the loan, but he has not followed through, nor will he sit down and talk with me about the sale. How do I proceed with out him, or can I?

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1 Lawyer Answer
Mark Oakley
Mark Oakley
Answered
  • Rockville, MD
  • Licensed in Maryland

A: You say he is your ex-husband, meaning you are divorced? And his name is already off the deed, so you are the sole owner named on the deed to the property? In that case you do not need him at all. Never call him again. The only signature needed to sell the house or to refinance the loan (if you do not want to sell and want to refinance) is your own. He is not an owner of the house; you are. He can neither stop you from selling it, nor do you need any signature from him.

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