I recently separated from my spouse and we are both on the title. We are also both on the mortgage, however, I only want to remove him from the title. Is there a way to do this alone, and not change the status of joint loan? by CattGillman86_fir... from Columbia, Mississippi. Jul 20th 2018
Yes.. you both can sign a "Quit Claim" deed where Husband and Wife deed the property to Wife. then record the document with your county recorder. If you don't feel confident in doing this on your own, you can contact a local title company, and they can do it for you for a small fee. So long as one of the original mortgage applicants is still on title, this should not trigger the "due on sale" clause. Very easy to do and it's done all the time. The down side for the husband is that so long as the mortgage is open, it will continue to show on his credit report, and if he tries to purchase another home right away, then he would need to qualify with both the old and new mortgage payments.. If you continue to pay on your own for the next year, and you provide him with bank statements showing YOU have made the payment out of an "Individual" account, then he might be able to remove your mortgage payment from his ratio allowing him to purchase another home. But his will only work if the divorce decree states that you get the home in the divorce.. (assuming your separation becomes a divorce).. If he tries to purchase during a separation, then the old mortgage payment cannot be removed from his ratios.. I'm a preferred Lender with California and Arizona being my primary markets. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. 480-287-5714 WilliamAcres.com NMLS# 226347 / LendUS, NMLS 1938/ AZMB0121893
Removing someone from title (ownership) is easy with a document called a "Quit Claim" deed. Removing someone from a joint loan will require a refinance.
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