Home > Legal > Questions & Answers > Real Estate > My husband and I are separated. He wants to remove my name from the mortgage as part of a re-financing. Will I lose property rig
My husband and I are separated. He wants to remove my name from the mortgage as part of a re-financing. Will I lose property rig
My husband and I are separated. He wants to remove my name from the mortgage as part of a re-financing. Will I lose property rights if I allow him to remove my name from the mortgage?
Likely, the lender will want the title to be solely in your husband's name and you will be asked to sign a deed. If so, you should address your rights at this time.
A lender may make the loan to him with you remaining on the title and in that situation will likely ask you to sign the mortgage for release of homestead rights. In that situation, you should be signing neither the note, nor a deed. In that situation, your ownership rights would remain, but you should be cautious to have an attorney involved.
Regardless that your rights would remain, you should consult with a family law attorney because the determination of your interest is only going to get more complicated over time. The equity will change based on your husband's monthly payments, the value fluctuating, etc.
If you are separated and there is hope of staying together, now would be a good time to work with a counselor. If you stay together, perhaps the whole situation should be handled differently.
Your question is whether removing your name from a mortgage affects property rights. The short answer is "No" because a mortgage does not give or take away property rights; it is merely a contract to encumber title to real estate. Removing your name from a mortgage (such as through refinancing) does not affect title.
I hope this information ahs been helpful. Feel free to contact us if we can be of further assistance.
