Options to get my ex-wife off my mortgage

[IOBA]

Is your ex-wife's name off the deed?  I'd be WAY more worried about that than getting her off the mortgage!

If her name is NOT off the deed, work on that right away.  Quick claim deed, whatever it takes.  That way when you are ready to sell, she doens't have to be a part of the process AND there's not a chance she will walk away with some of the proceeds of the sale.

[MyLoFICO]

We bought it and built it together so I am sure it is. How do I find out if her name is on it? I don't remember getting a copy of the deed. I have a freidn who is an attorney but I don't want to call upon her until all my ducks are in a row and I knwo what I need to have done. 

[StartingOver10]

Deeds are public record. Take a look at your property tax record and you can pull a copy of the deed for your home to see if her name is still on the deed or if the deed was changed during your divorce. 

Usually when you are going through a divorce there is a disposition of assets and liabilities. That was the document I spoke about earlier, the PSA.  Generally if the house is awarded to you the Quit Claim deed is filed at the same time unless your divorce attorney didn't cover all of your bases.  

[MyLoFICO]

I pulled up the deed on the Dallas County ROAM site and it shows both our names. I guess I need to get my attorney on this. I need to file a quick claim deed?

[StartingOver10]

Actually, it is not called a Quick claim deed...it is specifically a QUIT CLAIM deed.  This is a common misunderstanding.

 Your ex would have to sign the deed too.   It is much better to have a real estate attorney prepare it so it is done the right way.  It doesn't cost much to do. You definitely want to take care of it asap.  If you wait until you sell the property some ex's have been known to hold out their hand for $$ before they will sign. So it is in your best interest to take care of it now, while there are no active plans to sell. I can't tell you how many times a closing has been held up because the deed wasn't prepared correctly on the prior transfer. 

[MyLoFICO]

Thanks. I will get on that today. She will sign. She walked away empty handed except for my 47" TV. I got everything else. She knows I intend to leave the house to my daughter so she will sign. Then I can sell and move. lol. Thanks. I will report back with my results.