How do you get someone’s name removed from a deed and mortgage?

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How do you get someone’s name removed from a deed and mortgage?

My boyfriend has a house in both his and his ex-wife’s names. She gave the house to him because she could no longer make payments on the mortgage; she is behind 4 months. How does he remove her name from the deed and the mortgage?

Asked on June 27, 2011 under Real Estate Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The ex-wife can sign a quitclaim deed which will release her interest in the house to your boyfriend.  The quitclaim deed should specifically state that ________ (name of ex-wife) releases any and all  her interest and rights and claims in the real property described as ___________ (address of house) to _________ (name of boyfriend).

Ex-wife should sign in the presence of a notary.  The quitclaim deed should then be recorded in the County Recorder's office.   


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