Oxford, MI asked in Real Estate Law for Michigan

Q: can my ex spouse remove my name off of a home title or mortgage without my signature?

can he pay to do this without my knowledge?

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3 Lawyer Answers
Thomas. R. Morris
Thomas. R. Morris
Answered
  • Dexter, MI
  • Licensed in Michigan

A: The answer is that it should not be possible for you to be divested of title to real property without your knowledge. As for having your name "removed" from a mortgage, if you were the mortgagor and the debt secured by the mortgage were to be paid, you might say that you were "removed" from the mortgage. There are possible ways that, by means of fraud or the violation of your rights to notice of a court action, you could be ostensibly divested of title, but this "should not" be possible in the sense that you would have a remedy in the event of such fraud or violation of your rights.

Brent T. Geers
Brent T. Geers
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: What does your judgment of divorce say? If it granted him the house, it's possible for him to record that judgment so that the house is deeded in his name only. Typically upon divorce, one party will sign a quit claim deed; but most judgments will include language allowing the judgment to be recorded in the event one party refuses to sign over. The mortgage is a different issue, because regardless of what the judgment says, the mortgage company will hold you both responsible for the debt unless he refinanced, making him solely responsible for the debt.

Kenneth V Zichi agrees with this answer

David Soble
PREMIUM
David Soble
Answered
  • Farmington Hills, MI
  • Licensed in Michigan

A: That sounds unusual and I would need to know more, but generally, a judgment for divorce or an outstanding and valid power of attorney can both work to allow the transfer of title without your signature. You can learn more about this by visiting https://provenresource.com/library-resources/

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