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    dpsa929's Avatar
    dpsa929 Posts: 1, Reputation: 1
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    #1

    Nov 24, 2007, 02:23 PM
    Taking a spouse off the mortgage
    Hello,

    My husband no longer wants to have his name on our mortgage. He still will pay the mortgage, but wants it in my name. How can I go about this legally without refinancing? My rates are good right now, and to refinance would bring them up.

    Thank you for any help you can give.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Nov 24, 2007, 02:36 PM
    Quote Originally Posted by dpsa929
    Hello,

    My husband no longer wants to have his name on our mortgage. He still will pay the mortgage, but wants it in my name. How can I go about this legally without refinancing? My rates are good right now, and to refinance would bring them up.

    Thank you for any help you can give.

    I believe adding or removing a name from a mortgage precludes refinancing -

    If your husband wants his name off the mortgage you will have to pay off the existing mortgage by finding new financing in your name alone.

    Why does he want to do this? If he is attempting to shield himself in anticipation of filing in Bankruptcy it is not going to work under the new laws unless the bankruptcy is some years in the future.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Nov 24, 2007, 03:04 PM
    There is no way, the mortgage company will not just take his name off a mortgage, since it is a security for them. You can ask them but don't expect it. The only real way is to refi the loan in your name only.
    JDKR's Avatar
    JDKR Posts: 10, Reputation: 1
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    #4

    Nov 25, 2007, 08:35 AM
    Quote Originally Posted by dpsa929
    Hello,

    My husband no longer wants to have his name on our mortgage. He still will pay the mortgage, but wants it in my name. How can I go about this legally without refinancing? My rates are good right now, and to refinance would bring them up.

    Thank you for any help you can give.
    If your rates are good - why might he want off the mortgage? Does that raise red flags? You would have to sign a quit claim deed - if your state allows, and get it recorded - but you will also have to check with your lender to see if this is suffice. I would check with them and ask them - otherwise the best way is to refinance...

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