How Can I Get My Husband’s Name Off the Deed and Mortgage to Our Home?

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“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?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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).

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Author: House Attorney

A house attorney has answered this question.

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