Can my husband get my name off the deed without me knowing if he refinances in his own name only?

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Can my husband get my name off the deed without me knowing if he refinances in his own name only?

The mortgage in my name and my husband is a co-signor; the deed is in both of our names. He wants to refinance in his name only by removing my name from the mortgage and refinancing with different bank. Will this change the deed? Do I lose any ownership to the house as a wife?

Asked on July 21, 2019 under Real Estate Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Not legally. One owner cannot remove another owner, at least not withiut their consent. This holds true for spouse's as well. Further, a refinace does not change ownership.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, no one, not even a spouse, can legally remove another person from a deed without that other person's consent. You can to agree to be taken off the deed and lose your ownership interest in the property. Also refinancing does not affect ownership in and of itself.


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