US Legal Forms
Legal Resources
Questions & Answers
Real Property
I have lived with a man for 13 years. During the past four years, we did a refinance on his home. I work; he does not. The mo...

I have lived with a man for 13 years. During the past four years, we did a refinance on his home. I work; he does not. The mo...

Full question:

I have lived with a man for 13 years. During the past four years, we did a refinance on his home. I work; he does not. The mortgage bills come in my name. The title of house is in both of our names. I plan to leave this home soon, and I want my name off of the mortgage agreement.

Category: Real Property
Subcategory: Mortgage Satisfaction
Date: 04/07/2025
State: Colorado

Answer:

See the forms on the following website:

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How much does it cost to remove someone from a deed?

The cost to remove someone from a deed can vary widely depending on your location and the complexity of the situation. Typically, fees may include attorney fees for drafting a quitclaim deed, recording fees charged by the county, and any applicable taxes. It's advisable to consult with a real estate attorney for a detailed estimate based on your specific circumstances.

Can you take someone's name off a mortgage without refinancing?

Generally, you cannot remove someone's name from a mortgage without refinancing. The lender typically requires the mortgage to be in the name of a single borrower. Refinancing allows the remaining borrower to qualify for a new loan without the other party's name. However, you can remove a name from the deed through a quitclaim deed, but this does not affect the mortgage obligation.

How to get someone's name off a mortgage without refinancing?

Removing someone's name from a mortgage without refinancing is usually not possible. The lender needs to approve any changes to the mortgage agreement. The only way to remove a name is through refinancing, where the remaining borrower qualifies for a new loan independently. You can, however, remove a name from the property deed using a quitclaim deed.

What if someone's name is on the deed but not the mortgage?

If someone's name is on the deed but not the mortgage, they still have ownership rights to the property. However, they are not responsible for the mortgage payments. If the mortgage holder wants to remove the other person's name from the deed, they can use a quitclaim deed. This action does not affect the mortgage, which remains in the name of the borrower.

Can you take over someone's mortgage without refinancing?

Taking over someone's mortgage without refinancing is typically not allowed unless the mortgage has a specific clause permitting it, known as an assumable mortgage. In most cases, lenders require a new loan application to assess the creditworthiness of the new borrower. If the mortgage is not assumable, refinancing is necessary to transfer the mortgage responsibility.