Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“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?”
Question: 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).
