Obtain lender approval
If your lender wants to, they have the power to remove someone's name from the mortgage without needing to refinance.
You'll typically only be able to transfer your mortgage if your mortgage is assumable, and most conventional loans aren't. Some exceptions, such as the death of a borrower, may allow for the assumption of a conventional loan. If you don't have an assumable mortgage, refinancing may be a possible option to pursue.
Separating might mean you're no longer romantically linked with your partner, but if there's a joint mortgage with both your names on it then you're still financially linked. Fail to keep up with repayments of a joint mortgage, and there could be serious knock-on effects for both of you.
Is it easy to remove a name from a mortgage? Yes, but only if those named on the mortgage agree to the proposed change in ownership structure. This ensures that the legal and financial responsibilities associated with the mortgage are realigned in accordance with the revised ownership arrangement.
Refinancing After Divorce. There are two ways to remove a divorced partner from a mortgage: obtaining a release of liability from the lender or refinancing the mortgage.
The price to eliminate names from deeds is contingent on many factors like where you live, the legal fees, and the difficulty of the procedure. Generally, it could vary from one hundred to a few thousand dollars. If both parties agree on the removal and there are no legal complications, the cost might be lower.
An easy solution is for one of the parties to quitclaim their interest to the other. Often, the price for transfer consideration doesn't even have to be monetary. The party receiving the quitclaim can agree to refinance the property into their own name, getting the party leaving the home completely off the mortgage.
However, in a community property state (like California) – and even some states without community property laws – a home purchased during the marriage is considered marital property, regardless of whose name appears on the deed.
When you assume a mortgage, the current borrower signs the balance of their loan over to you, and you become responsible for the remaining payments. That means the mortgage will have the same terms the previous homeowner had, including the same interest rate and monthly payments.
Not all mortgages can be transferred to another person. If a mortgage can be transferred, the lender has the right to approve the person assuming the loan. Many mortgage lenders often include a due-on-sale clause in their loans that prohibits a home seller transferring a mortgage to a buyer.
A mortgage can technically be transferred to one person via refinance. For this to happen, you'll need to refinance to a sole ownership loan or – if your partner won't agree to that – use a cash-out refinance that will give them their equity in exchange for the title of the house.
Typically, removing a name from a mortgage could require you to pay off the loan in full or refinance it with a new loan. But, there are alternatives where you can take over the loan without paying off it off or refinancing. These could include mortgage assumption, loan modification and bankruptcy.
Yes, removing a name from a mortgage typically incurs costs. Refinancing usually requires closing costs of 2-5% of the loan balance, while a loan assumption may cost around 1% plus processing fees. Loan modification costs vary by lender.
You might be able to transfer your mortgage to someone else and allow them to take over the payments without changing the terms. However, your ability to do this can depend on the type of mortgage you have and the other person's creditworthiness.
If the person to be removed is alive, then you will need a court order or their cooperation such that you can record a new deed that removes them. Quitclaim and warranty deeds are common solutions. If an owner of a property has passed away, you will need to transfer the property to the living owners.
If your spouse is on the deed but not the mortgage, they own the house but are not liable for the mortgage loan and the resulting payments. Even if you are the only one making mortgage payments, your wife still has the right to live in the house as she is a legal property owner.
If you find yourself in a situation where one owner wants to sell the property but the others don't, there are a few different options to consider. These may include negotiating a buyout agreement, seeking mediation or arbitration, or taking legal action to force a sale.
If your name is on the deed as a co-owner, joint tenant, or tenant in common, the other owner(s) generally have the legal right to sell the house without your consent.
When you separate from your partner and have a joint mortgage, you are both liable for the mortgage until it has been paid off in full. Bear in mind that this is regardless of whether you still live in the property or not. You will need to make sure you keep up with any repayments you are legally obliged to make.
Removing a name from a mortgage is a very similar process to remortgaging. You'll need to let your existing mortgage lender know the changes you're planning so that they can carry out calculations, ensuring you can afford to meet their lender criteria and monthly payments.
To remove someone from a mortgage without refinancing, options include a loan assumption where the remaining borrower takes full responsibility, or obtaining lender approval to modify the loan and remove the person's name, often in divorce cases.
Removing a co-borrower or cosigner from a mortgage is possible but difficult, and your lender may insist that you pay off the mortgage in full or refinance the house by taking out a new loan solely in your name.
You might own a property with your name on the deed, but the mortgage—the loan used to buy the house—is in someone else's name. This can happen if you inherited a house, received it as a gift, or shared it from a previous relationship.
Refinancing the mortgage and trading marital property are the two most common methods for buying out an ex-spouse's interest in the family house.