There is only one way to have your spouse’s name removed from the mortgage: You will have to apply for a loan to refinance the mortgage, in your name only. After all, the original mortgage was approved in both of your names, giving the lender two sources of repayment.
Can you remove someone’s name from a mortgage without refinancing?
You can remove a name from your mortgage without refinancing by informing your lender that you are taking over the mortgage, and you want a loan assumption. Under a loan assumption, you take full responsibility for the mortgage and remove the other person from the note.
How do I remove my divorced spouse from my mortgage?
You usually do this by filing a quitclaim deed, in which your ex-spouse gives up all rights to the property. Your ex should sign the quitclaim deed in front of a notary. One this document is notarized, you file it with the county. This publicly removes the former partner’s name from the property deed and the mortgage.
What happens to a joint mortgage when you divorce?
When two people take out a joint mortgage, both agree to be equally liable for the debt until the mortgage is paid off, not just while you live in the property. If you do not pay the mortgage on time, this damages your credit history as well as your ex-partner’s.
How do I get my ex partner’s name off the mortgage?
Your ex-partner will almost certainly require your consent to remove you from the title deeds and/or mortgage. Usually after divorce or separation, one party applies for a transfer of equity to have the other removed from the title deeds, simultaneously enabling the lender to remove them from the mortgage.
Can a joint mortgage be transferred to one person?
Transferring a mortgage to another person requires a process known as a Transfer of Equity, which can be applied to an existing mortgage or as part of a remortgage, and is commonly used in the following circumstances: … Removing a partner from a mortgage, switching from a joint mortgage to a single mortgage.
Can I walk away from a joint mortgage?
Can I walk away from a joint mortgage? Yes, you can walk away from a joint mortgage but you will need to be allowed to do so by the mortgage lender. The mortgage lender will only let you walk away if the party or parties left or added on the joint mortgage can afford the mortgage.
Can I kick my wife out if I own the house?
No! Legally, it’s her home, too—even if it’s only his name on the mortgage, deed, or lease. It doesn’t matter whether you rent or own, your spouse can’t just kick you out of the marital residence. Of course, that doesn’t mean that, sometimes, for whatever reason, it’s not better to just go ahead and leave.
Why does the mortgage company need my divorce decree?
Lenders want to see divorce decrees because that’s the only way to determine if there are any support payments between the two former lovebirds. … Alimony payments only show up in divorce papers and if someone has a $1,000 a month support obligation that could seriously affect the ability to make house payments.
Does ex husband have to pay mortgage?
Does My Ex-Partner Still Have to Pay the Mortgage? You’re equally liable for the mortgage, even if the loan is based on one party’s income or one of you moves out. Your lender can pursue both of you either jointly or individually for the payment – plus any costs, legal fees or loss made upon any possible repossession.
Can you still have a joint mortgage after divorce?
Even though you are getting divorced, it is really important to remember that you are both still responsible for paying the joint mortgage and you should continue to do so, even if you have left the property. Talk to the mortgage provider if you are having difficulties and advise them of your circumstances.
Who pays mortgage during separation?
The person liable for paying the mortgage during a separation is the person whose name appears on the mortgage note. If both your names are on the mortgage, then you are both legally responsible for making the payments. Even though you’re separated, you need to continue to make your mortgage payments on time.
Can I make my ex pay half the mortgage?
To get your ex to pay half of the mortgage you can simply request them to do this and get it in writing if they refuse then you could potentially apply to the courts for spousal support. … If you no longer want the mortgage to be on your ex partner’s name you can get a mortgage in your name and buy the property out.
How do you buy someone off a joint mortgage?
This is often achieved by remortgaging, but can also be done via a product transfer, where you move from your existing deal to a new one with your current lender. If you buy someone out of a joint mortgage, you’ll need to take ownership of their share of the property – this is called a ‘transfer of equity’.
Is my ex husband entitled to half the house?
A Not necessarily. How you split your assets – which include everything that belongs to either of you, not just things that you own jointly – on divorce depends on the financial agreement you come to or if you can’t agree, what a court decides is fair.