Can I take my name off the house while still married? 11 Answers as of June 26, 2015

I want my name off the property so I am not financially responsible.

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Removing your name from the property will have absolutely no effect on your obligation to make payment on the mortgage note or notes. After all, you could give a security interest in property of your own in order to secure a loan to a third person say, a child, or another relative or close friend. Or to your business. You need the agreement of the lender to be released from the mortgage note. As to that, good luck. It does happen once or twice in a century, and you can't know if the lender will agree unless you try.
Answer Applies to: Wisconsin
Replied: 6/26/2015
Law Office of Barton R. Resnicoff | Barton R. Resnicoff
Is this still an intact marriage? If so, you could transfer your interest to your spouse, even if he/she does not consent; but it would not remove your obligations concerning a mortgage, if there is one. Sounds like there is more going on here, which means to properly advise you, there should be more information supplied.
Answer Applies to: New York
Replied: 6/26/2015
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
You can take your name off the property by quit claiming it to your spouse HOWEVER that does not remove you from the mortgage ..the only way you can remove yourself from the mortgage is to have your spouse refinance the property in his or her name only.
Answer Applies to: Michigan
Replied: 6/26/2015
Law Office of Martin A. Kahan | Martin A. Kahan
That does not prevent the lender from seeking payments from the party that they gave the loan to.
Answer Applies to: California
Replied: 6/26/2015
John Russo | John Russo
Guess what you can, but guess what? You will still be responsible.
Answer Applies to: Rhode Island
Replied: 6/25/2015
    Law Offices of Gerard A Fierro
    Law Offices of Gerard A Fierro | Gerard A Fierro
    Taking your name off the house will not relieve you from liability. If you are a borrower on the loan you will be responsible for payments to the bank.
    Answer Applies to: California
    Replied: 6/25/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    Whether or not you would be able to take your name off the ?loan? is a decision of the lender. Your spouse will have to qualify for the loan without the benefit of your income. If he can, and is willing to assume the loan totally, than you can come off the loan and title will be in your spouses name alone. The issue is if he does assume the loan, he will ?own? the home and you may not be able to get 1/2 of the market value when you do divorce.
    Answer Applies to: Florida
    Replied: 6/25/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    The proper process to remove you from any deed of trust on the loan would be for the lender to agree to remove you as an obligor. As of yet, I have not seen a lender willing to do this without the loan being satisfied or ,alternatively ,another person steps into cosign.
    Answer Applies to: California
    Replied: 6/25/2015
    Diane l. Berger | Diane L. Berger
    Your name on the house doesn't matter. What matters is whether your name is on the debt.
    Answer Applies to: Nebraska
    Replied: 6/25/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    See a lawyer. You give no legitimate reason why your name should or will come off.
    Answer Applies to: California
    Replied: 6/25/2015
    John W. Lee, PC
    John W. Lee, PC | Kim A. Lewis
    Taking your name off of the property itself does not relieve you of financial responsibility. Your spouse would have to refinance the loan in his or her name solely.
    Answer Applies to: Virginia
    Replied: 6/25/2015
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