My wife and I own a home together. How can I take her name off of the mortgage/loan. We are separated.?

Question

My wife and I are separted. I live in an apartment.
She continues to live in the house we purchase together. She wants a divorce and to move out of the house and buy her own home. How can I get her name taken off of the mortgage? How do I get the house in my name only?
I want to keep the house and move back into it when she moves out. I would rather not put it up for sale and start over. Is there anything I can do to keep the house?

Answer 1

If you get the home in the final settlement you will have to refinance the home in order to remove her from the loan. No lender is likely to simply remove her as a co-signer.

She may be entitled to a portion of the appreciated value of the home. If that is the case you find it necessary to refinance in order to "buy her out". If she isn't demanding to be bought out then you will at least need to personally qualify for a mortgage equal to the current mortgage amount owed.

It would be best to remove her from the title at the same time you refinance the loan. The county clerk may be able to help you without the expense, but I recommend calling an attorney, don't be penny wise and pound foolish!

Good luck!

Answer 2

To take her name off the mortgage you will have to qualify for a loan on your own. If you think you can do that than fine, otherwise both names will remain and you both will still be responsible.

If you want to go through a divorce, check to see how title was taken when you bought the home. This is very important because the deed will dictate more or less how things are done. If the deed says, your name and her name, as a married couple, as joint tenants then that is only one of the ways it could be stated. There are other ways but check your deed. Call an Escrow company and speak to an Escrow Officer and they will be able to tell you what the difference is between how title is taken. Next you will have to buy her out if you want the house. If you can't buy her out, and get a loan by yourself then you will have to sell the house and split the proceeds in divorce court.

Answer 3

First thing's first: Once you start the divorce proceedings, it is likely that NOTHING can be done until the divorce is done because the lawyers/judge will freeze all assets. I would suggest that you try to figure out the title/mortgage thing before even starting the divorce process (Especially since we all know the horror stories of how long a divorce can take)

Secondly: As already stated, your wife must relinquish her ownership (through a quit claim deed).

Thirdly: You must qualify for the new loan using just your credit score and your income. If your income alone does not qualify, then you're SOL--sort of.

Why sort of? If YOU are already the one making payments on the mortgage, all you need to do is continue to make the mortgage payment. The worse that can happen is your wife (if still on the mortgage) will still be able to access your account information and change billing address.

The bigger concern is for your wife because if she stays on the mortgage, that debt will likely be counted in her new mortgage application for the new home she plans to buy. So the new mortgage lender will look at her total debt now, plus the cost of her new mortgage and compare that to her income. Even though she no longer lives in your old home, she is still technically obligated to that payment until you are able to refinance on your scores/income alone.

Answer 4

I would wait until the divorce and find out how things shake out with the divorce. If you are awarded the house, you might not be required to refinance the mortgage as long as you keep up the mortgage payments.

If you are allowed to keep the house after the divorce, you might have to pay for any equity built up since you have owned the house.

Of course if you can make a trade off with her you might not have to pay her the equity at all. When you go see your divorce attorney make sure that person understand that you want sole possession of he house. Make sure that it is written in your divorce decree that you are the sole owner of the property.

Now if you are awarded the house after the divorce, make sure your attorney or the court draw up a quit claim deed immediately for your wife to sign and get her off the deed. Make sure you get this quit claim deed recorded at your county recorder's office. You must follow up on this all important matter.

If this happens you need to just continue to pay the mortgage on time.

In answer to your question you can not get her name off the mortgage, unless you refinance the house.

You are concentrating your thinking on the wrong thing, You want her off the deed. You will have to pay the mortgage if she is on the mortgage or not. You want to be the sole owner of the property and have a deed recorded at the county court house recorders office reflecting that fact.

She will not be taken off the mortgage and if she decide to purchase another home she will have this on her credit report.

You will have to assist her with that. You first of all will have to show her lender the divorce decree that gives you the house as your sole property (She should have a copy) You will also be required to provide cancelled checks or bank statements showing that you and you alone are making the mortgage payments on the house in which you got out of the divorce.

I hope this has been of some use to you, good luck.

"FIGHT ON"

Answer 5

This can be accomplished as part of your divorce proceedings. Typically people divide up assets. You'll need to negotiate with her as to what she's going to keep if you get the house. What your negotiating for is the equity in the property, the value less the mortgage remainder. Next, I recommend contacting a mortgage lender. You'll need to pay off your current mortgage (if you have one)that is in both of your names and put the property just in your name. Contact a title company. They will prepare a new deed in your name only. They will also handle your new mortgage money and paying off any equity to your soon to be Ex-Wife. If you live in a state with Dower rights, you'll need to have your wife sign off on her rights if you do this before your divorce is finalized. The title company can do that paperwork for you as well.

Felicia Randall
www.cherrycapitalhomes.com

Answer 6

These issues vary by state, for instance if you are in a community property state or not.

Call an attorney tomorrow. Not next week. Tomorrow. He or she can advise you on how to get the house in your name.

Everyone likes the quitclaim deed, because it is easy, but again, the effectiveness of this can vary by jurisdiction. And getting it refinanced in your name only will get her name off the mortgage.

Answer 7

You would need to have her sign a Quitclaim deed which would terminate her rights to the property. Not as easy as it sounds though because you would have to buy her out. If she does not agree to sell the home (which will be required) then the buyout is necessary along with the Quitclaim deed.

Answer 8

You have to refinance. Because you are still married, she will have to sign some papers at closing. She would have to sign a Quit Claim Deed to take her name off of the title.

Answer 9

You gotta refinance and qualify for it all on your own. I'd try to do that before you have anything requiring you to pay alimony or child support, if those are risks.

She'd still remain on title to the home, but she could quit claim herself off once your divorce is final.

Answer 10

Buy out her share and re-finance the note in your name alone. Any mortgage company and title company can arrange this for you.

For example, say it's worth $150k and the mortgage is $130k. You therefore have $20k in shared equity. You take out a mortgage for $140k including $10k equity cash-out. Pay her the $10k and she signs a quitclaim deed to you. Job done!