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Can my ex take my name off the mortgage?

By Sophia Koch |

Your ex-partner will almost certainly require your consent to remove you from the title deeds and/or mortgage. Usually after divorce or separation, one party applies for a transfer of equity to have the other removed from the title deeds, simultaneously enabling the lender to remove them from the mortgage.

What happens when you take your name off a mortgage?

At this point, your spouse/partner/roommate’s name has been removed from the mortgage but they are still on the mortgage deed. The result of filing a quitclaim deed will be the transfer of the home solely to you. The other person that was previously on the mortgage and deed surrenders all rights to the property.

How do I remove my ex partner from my mortgage?

You usually do this by filing a quitclaim deed, in which your ex-spouse gives up all rights to the property. Your ex should sign the quitclaim deed in front of a notary. One this document is notarized, you file it with the county. This publicly removes the former partner’s name from the property deed and the mortgage.

Is there a way to remove an ex name from a mortgage?

Ask your lender about loan assumption and loan modification. Either strategy can be used to remove an ex’s name from the mortgage. But not all lenders allow assumption or loan modification, so you’ll have to negotiate with yours. If neither is allowed, a refinance may be your best and only bet.

What happens when your name is taken off a mortgage?

That’s true for the person who signed the loan as a primary borrower, as well as for co-signers who helped them get approved; and until the name is removed and the mortgage is changed on paper (or paid off entirely), all parties who signed the loan are still responsible for payments, and that debt can reduce their chances of getting other loans.

Can a spouse remove their name from a joint mortgage loan?

People often want to remove the name of an ex-spouse from a joint mortgage loan, pursuant to their divorce decree. If this is the case, some lenders will require proof of a properly executed divorce decree in order to process the assumption.

What happens if your ex spouse is on your mortgage?

If you’ve agreed that you get to keep the house, a verbal agreement isn’t enough. If your ex-spouse’s name is on the deed and mortgage, they legally remain responsible for the mortgage repayment. Even a legal divorce does not change the terms of your loan. If you fall behind on payments, both you and your ex will face credit problems.