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Should mortgage title be removed after a divorce

Submitted by Hobardbell on Fri, 03/06/2020 - 16:36

After a divorce, should name be removed from the mortgage title for a spouse who is not paying it back. The house is also in the name of the person who is paying back the mortgage loan. Will there be any issue if the mortgage has the name of both the spouses?

No, it is up to you and your partner to decide whether both of you are agreed to keep the names in the deed.

Now take a look at what you should do if you want to remove your spouse’s name from the legal paper.

The way is to remove your spouse's name from the mortgage. You have to apply for a mortgage refinance loan.

When you will be informed that your refinance proposal is approved, you should remove your spouse’s name from the mortgage. You have to file a Quitclaim Deed where your partner will declare that he/she no longer has any right to the property.

That's all. Just remember it's just a forum discussion. You should ask any legal person before taking any official step.

Submitted by Ryan Miller on Fri, 03/06/2020 - 23:58

Ryan Miller

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Do you live in a community property state?
If yes, then debt incurred during your married life won't be divided based on who has taken it out. You and your spouse both will be responsible to pay it off. But if you reside in one of the states which follow equitable distribution, the court will assign the debt to the one who has incurred it.
In that case, if you have taken out a mortgage loan, you need to refinance it into your spouse's name (who is not paying back). After that you need to file a quitclaim deed. And thereby, your spouse gives up any right on the property.

Submitted by Craigh.terry on Tue, 03/10/2020 - 21:36


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