What if my name is still on the mortgage after divorce?

Asked by: Verla Graham  |  Last update: February 14, 2024
Score: 4.5/5 (65 votes)

There are two ways to remove a divorced partner from a mortgage: obtaining a release of liability from the lender or refinancing the mortgage. A release from liability is easier, but counts on the lender granting permission.

Can I remove my ex husband from my mortgage without refinancing?

If you need to remove your ex's name from a mortgage without refinancing, you could request a quitclaim deed (a legal document that allows you to transfer interest in real estate as a grantor to a grantee).

Can you keep a spouse on the mortgage after divorce?

The Bottom Line

If your name and your ex-spouse's name remain on a mortgage after you divorce, your marriage may be over, but your financial responsibility isn't. As long as both names are on the mortgage, the lender holds both of you responsible for the debt.

Can I leave my ex on the mortgage?

Divorcing couples with joint mortgages may choose to remove one of their names from the mortgage, leaving the other as the sole remaining borrower. There are two ways to do this: refinancing or assuming the original mortgage.

Does my husband still have to pay the mortgage if he leaves?

Even if one person doesn't want to or can't pay the mortgage, both people are likely still on the hook for the debt. The lender can often come after either person for the full amount of the existing mortgage, no matter who is named on the mortgage.

After divorce, how can I get my name off the mortgage? - Free Legal Advice

17 related questions found

What happens if you don't remove your wife from your mortgage?

Yes, it is possible to take sole responsibility for a home that you're currently sharing without refinancing, even if your ex-spouse or another co-borrower or cosigner is currently on the mortgage. As long as both names are on the mortgage, both parties will continue to be financially responsible for repaying the loan.

Can I take over my ex husband's mortgage?

Transferring the existing mortgage to the spouse keeping the house might be the easiest way to settle the housing issue. Usually a lender will want copies of the divorce decree and a properly executed and filed quitclaim deed in order to transfer the mortgage. Taking over a mortgage is called a mortgage assumption.

What happens if you break up with someone you share a mortgage with?

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.

What happens if I can't refinance after divorce?

If you and your ex-spouse's name are on the mortgage, you will both be held liable for the mortgage unless you refinance it out of their name.

Can I sue my ex for not refinancing the house?

File a motion for contempt: You can file a motion with the court that handled your divorce to enforce the terms of the divorce decree. This may involve requesting that your ex-wife be held in contempt of court for failing to comply with the order to refinance the home or obtain a new loan.

How to remove spouse from mortgage after divorce without refinancing?

There are two ways to go about doing this:
  1. Quitclaim deed: You can have your ex-spouse sign a quitclaim deed, which will transfer their ownership of the property to you. ...
  2. Home sale: If you can't get a release of liability or qualify for a refinance without your spouse, then an easier path may be selling the home.

When you get divorced do you have to refinance your home?

No, many divorcing couples may decide to sell the home if they can't afford the mortgage payments after the divorce agreement. But if you or your ex-spouse want to keep the home, a refinance might be the best method of removing a borrower's name from the mortgage loan.

Who gets to claim mortgage interest in divorce?

As joint tenants:

You can take an itemized deduction for one-half of the mortgage interest, and your ex-wife can take the other half as an itemized deduction. You can deduct half of the mortgage interest and one-half of the mortgage principal payment as alimony (and your ex-wife must report these payments as alimony).

Is divorce considered a financial hardship?

Filing for divorce often leads to debt. You have to pay for the whole process, divide your assets and debts between the two parties, and you may also have to pay alimony and child support after it's over. This can cause financial hardship and negatively impact your credit.

Can I sue to get my name off a loan?

If the borrower forged your signature, or if they committed fraud to enforce you to sign the loan contract, you can sue both the lender and the primary borrower to have your name removed. However, you'll need unquestionable proof that you did not willingly consent to cosign the loan.

Can you take over someone's mortgage without refinancing?

A mortgage transfer is when you transfer your existing home loan—including its current interest rate and terms—to another person. This allows the other person to assume responsibility for the home and the lender's lien on it without needing to get a new mortgage.

What disqualifies you from refinancing?

You have too much debt

The most common reason why refinance loan applications are denied is because the borrower has too much debt.

How do I get my name off a mortgage with my ex?

There are 2 ways to remove a spouse's name from the mortgage:
  1. Release of liability – You can ask your lender for a release of liability. This is a document that releases a borrower from their obligation to pay back the loan. ...
  2. Refinance – The only other option is to refinance the mortgage.

Who pays mortgage when separated?

Until your divorce has been set in stone, you should continue to pay your mortgage. Once you and your spouse are legally divorced, one of you will assume possession of the house. At that point, the ex-spouse who still owns the house will be responsible for shouldering the full cost of its mortgage.

How do I remove my ex girlfriend from my mortgage?

Removing a cosigner or co-borrower from a mortgage almost always requires paying off the loan in full or refinancing by getting a new loan in your own name. Under rare circumstances, though, the lender may allow you to take over an existing mortgage from your other signer.

Can a mortgage be transferred in a divorce?

After the mortgage refinance closes, only the person named on the mortgage would be responsible for making the monthly payments. The person no longer named on the mortgage could then be removed from the home's title. If necessary, a cash-out refinance could pay the portion of equity that is due the departing spouse.

How much equity is my ex entitled to?

When the amount of the equity is calculated, you and your ex can figure out how to divide the equity. For example, if both of you were employed during the marriage and contributed equally to the mortgage you acquired after you were married, the equity would typically be split 50/50.

How do I know if my mortgage is assumable?

To know whether your mortgage is assumable, look for an assumption clause in your mortgage contract. This provision is what allows you to transfer your mortgage to someone else.

How do you split up when you own a house together?

Essentially, based on your circumstances, you have three options.
  1. Purchase each other's interest. An easy solution is for one of the parties to quitclaim their interest to the other. ...
  2. Sell the house outright. ...
  3. Partition the property.

How does a divorce affect a joint mortgage?

During your divorce, your marital debts will be subject to equitable division between you and your soon-to-be-ex-partner. Marital debt includes any debts that were accumulated during the marriage. Thus, if you and your partner entered into the mortgage after your marriage, the mortgage is subject to division.