Q: Do I need to go to court to remove ex-wife from home mortgage and deed in NY?

A: Yes. You need to start a divorce action consult an attorney.

A: Yes, unless she will do this voluntarily.

Jack

A: You state "ex-wife" - if you are divorced, then you need to look at what your Judgment of Divorce states.

If you are not divorced, and your spouse is on the mortgage and/or deed, then you need to start a separation or divorce proceeding -- or get her to agree to remove her name from both.

A: I understand that this situation is causing you significant stress, especially with your ex-wife’s name still being on the mortgage and deed of the home despite her lack of involvement. Removing her from these documents can be a challenging process, and it’s important to address the matter correctly to avoid any future complications.

Since you are not currently undergoing legal separation or divorce proceedings, the situation becomes more complicated. In general, removing someone from a mortgage and deed typically requires legal action, especially when both parties are named on the documents. The mortgage and deed are separate matters, and each must be handled differently.

First, in regard to the mortgage, even though your ex-wife has not been contributing to the payments, as long as her name is on the mortgage, she is still legally responsible for the debt. To remove her from the mortgage, you generally need to refinance the loan in your name alone. This means you would apply for a new loan to pay off the existing mortgage, and in the process, her name would be removed from the loan agreement. Refinancing may depend on your ability to meet the lender’s requirements, such as having a good credit score and the ability to make the mortgage payments on your own. If you cannot refinance, you may be able to work with the lender to come up with a different solution, but this will likely not remove her from the mortgage without a legal process.

For the deed, removing your ex-wife’s name typically requires a legal process. If you and your ex-wife agree, you can both sign a deed of transfer or quitclaim deed to remove her name from the property records. This can be done without going to court as long as both parties agree. However, since she has not engaged in conversations with you about separation or divorce, this might not be an easy step. If your ex-wife refuses to sign the deed, you may need to file a motion in family court to request a change in property ownership. If you file for divorce, the court can order the division of property, which may include addressing this issue.

In summary, if your ex-wife is unwilling to cooperate, going to court may be necessary, especially if you cannot reach an agreement on the deed. You may want to speak with a real estate attorney or family law attorney for more specific advice based on your circumstances.

Disclaimer: This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.