eDiscovery, legal research and legal memo creation - ready to be sent to your counterparty? Get it done in a heartbeat with AI. (Get started for free)
How can I legally remove my ex from the title of our house that is jointly owned with them?
A quitclaim deed can be used to transfer ownership rights from one person to another, effectively removing their name from the property.
Refinancing the loan solely in the name of the person who will retain ownership of the property is the most common way to remove someone from a joint mortgage.
Selling the house and canceling the mortgage is another option to remove both parties' names from the mortgage.
A deed of conveyance, such as a quitclaim or warranty deed, is the most common way to remove a name from the property deed.
A quitclaim deed should be signed in front of a notary and recorded in the local county recorder's office to provide public notice of the transfer.
Removing one's name from a mortgage does not automatically remove one from the loan's liability, and the lender may still hold both parties responsible for the debt.
A loan assumption, where one party takes over the loan, is another way to remove a name from a mortgage without refinancing.
A loan modification can also be used to remove a name from a mortgage, but this typically requires the consent of both parties.
A cosigner release can be used to remove a cosigner from a mortgage, but this typically requires the lender's approval.
Declaring bankruptcy can also remove a name from a mortgage, but this has severe credit consequences and should be considered a last resort.
A court order can be used to compel a spouse to remove their name from the property deed or mortgage, but this requires legal action.
In some cases, a restraining order can be used to force an ex to leave the residence, but this typically requires a compelling case of threat or harm.
Refinancing a mortgage can take several months to complete, and parties should plan accordingly.
A mortgage novation or assumption can be used to create a new mortgage contract, removing one party's name from the loan.
A new deed with only one party's name can be signed to transfer the property to that individual, effectively removing the other party's name from the title.
eDiscovery, legal research and legal memo creation - ready to be sent to your counterparty? Get it done in a heartbeat with AI. (Get started for free)