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If you are married, can the spouse legally have their name taken off a mortgage if you both agree to it?

Chapel Hill, NC |

We are at the point of separation. She wants the house, I want a new start.

Attorney Answers 3


Yes, to answer your question. It is important to consider that there are two things here, a deed and a mortgage (in NC this is a deed of trust). To take your name off the mortgage, your wife would need to re-finance in her name only if you are both on the deed of trust. To take your name off of the deed, you would have sign a quit claim deed giving up your interest in the property. I would NOT recommend doing either of these until you have spoken to an attorney. Signing over your rights to the house without your wife refinancing is a bad idea, you would remain liable for all the debt and have no interest in the property anymore. Also, the house is part of the property settlement that should be addressed as a whole as all of your marital debts and assets need to be divided, and it should be addressed BEFORE a divorce judgment is entered.

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You can only take your name off the mortgage if the lender agrees to it. This will not happen unless the person who wants to stay on the mortgage can qualify for a loan on his/her own behalf. If you are going through or contemplating a divorce, you should consult with your divorce attorney before starting to divide up assets.

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Actually, the more important concern is will the bank be OK with it. Always better to have two fish on the hook instead of one. But if the bank is OK with it, no problem as long as you two agree.

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