Lake Worth, FL asked in Contracts and Real Estate Law for Florida

Q: What can I do if my wife is refusing to sign refinance papers on our mortgage? The house is in my name but she is on it

because we are married. If that's the case, what can I do because her not signing is forcing me to have to pay the high mortgage, which isn't fair to me because she pays nothing

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2 Lawyer Answers
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: So long as you are married, if your wife's name is on the mortgage and the deed you will be unable to refi the existing mortgage loan without her signature and approval. Your wife cannot do that either--without your signature/approval.

Phillip William Gunthert agrees with this answer

1 user found this answer helpful

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Orlando, FL
  • Licensed in Florida

A: There will be no refinancing if this property is Homestead or if her name is on the property, you need her signature just like she would need yours.

1 user found this answer helpful

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