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Me and my wife have both are names on a mortgage what do I after do to get my name off of it and give her the house.

Me and my wife have both are names on a mortgage what do I after do to get my name off of it and give her the house.

Full question:

Me and my wife have both are names on a mortgage what do I after do to get my name off of it and give her the house.

Category: Divorce
Subcategory: Property Settlements
Date: 04/07/2025
State: New Hampshire

Answer:

The most common method in transferring a mortgage to another spouse's name only is through a refinance, although some lenders will permit a spouse to be taken off of the mortgage if there is sufficient equity in the house. A divorcing couple will have to complete an assumption agreement. Basically, the spouse who continues to live in the marital home will agree to assume any and all responsibility for any mortgage debt. The spouse who leaves the marital home will then be released of any financial responsibility of the mortgage.

Please see the form at the following link, which may be used to transfer the property to the wife:

Quitclaim Deed from Husband and Wife to Individual

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

Who owns the home when two names are on the mortgage?

When two names are on a mortgage, both individuals typically share ownership of the home. This means both parties are responsible for the mortgage payments and have equal rights to the property. However, ownership may also depend on how the title is held, such as joint tenancy or tenancy in common, which can affect what happens if one owner passes away or wishes to sell their share.

Can you remove a spouse from a mortgage without refinancing?

Removing a spouse from a mortgage without refinancing is generally challenging. Some lenders may allow it if there is sufficient equity in the home and the remaining spouse can demonstrate the ability to make payments independently. However, most situations require refinancing to officially remove a name from the mortgage and ensure the remaining spouse assumes full responsibility.

How do I remove my name off a joint mortgage?

To remove your name from a joint mortgage, you typically need to refinance the loan in your spouse's name. This process involves applying for a new mortgage that pays off the existing one. If refinancing is not an option, you may need to explore a mortgage assumption agreement, where your spouse agrees to take over the mortgage payments while you are released from financial obligations.

How to remove spouse from mortgage without refinancing?

Removing a spouse from a mortgage without refinancing can be difficult. Some lenders may allow a name to be removed through an assumption agreement if the remaining spouse can prove they can handle the mortgage alone. However, this option is not always available, and refinancing is often the most reliable method to ensure the mortgage is solely in one name.

What happens if my husband dies and the mortgage is in both our names?

If your husband dies and the mortgage is in both names, ownership of the home typically transfers to you if you hold the title as joint tenants. You will assume responsibility for the mortgage payments. However, if the title is held differently, such as tenants in common, the deceased's share may go to their estate, which could complicate matters. It's advisable to consult with a legal professional to understand your specific situation.