“My husband and I bought a home about a month ago. Unfortunately, we thought the move would help our marriage but we’ve decided to get a divorce. We haven’t signed the mortgage papers yet but he wishes to have his name off the mortgage and I would like his name off the house as well. Can he sign something to hand over the mortgage and house to me? Or does he have to sell his half to me?”

In many states you can do an interspousal transfer deed to cede the interest in the property from one spouse to another. You may have to go through the mortgage company to see if you apply on your own to get the mortgage. While it is easy to forfeit rights, it is less easy to forfeit responsibilities (like liability on a mortgage).


Michael Durgavich is an accomplished attorney and mediator. Maintaining a general practice in the San Jose, California area, Mr. Durgavich specializes in family law, bankruptcy, and alternative dispute resolution. Mr. Durgavich can be reached through his website at http://www.MichaelDurgavich.com. Contact This Author

State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.