Getting divorced, can one person's name be taken off the mortgage without refinancing?

Hello, and sorry for what you are going through. Unfortunately, you most likely will have to refinance. Even if the two of you arrive at a marital settlement agreement in which you agree to be responsible for the mortgage individually, that does not get your wife off of the mortgage. You see, the mortgage is between you guys and the lender, and the family court really cannot alter that contract, even if the two of you agree to do so in the divorce. Of course, if your credit is decent, then refinancing won't be so bad. However, in this economy, lenders are really cracking down, so if you are going to try to refinance as part of the divorce, maybe start talking with some lenders now to get a feel for your chances of getting the refinance. Some families will agree that one party will be responsible for the mortgage for a certain period of time, and then try in another year or two to refinance or list the home for sale. There are many options here. You may wish to contact an attorney, but I would first start with calling your lender. Good luck.

The issue here is whether the lender would be willing to let her off the note. Think of this from the bank's perspective. They don't want to give up any security they may have in the property or at least not for free. It would be irresponsible for them to make it more likely that the loan could default and not have people on the hook for any potential deficiency judgment. The bright side is interest rates are quite low and refinancing might not be all that bad. Good luck.

Disclaimer - 1. The above answer is not legal advice and should not be construed as such. 2. You should always seek representation before making an important legal decision. 3. The above communication does not create any attorney/client relationship.