moving out of home owned by myself and spouse

how do i get my name off the home and off the property. my spouse plans on remaining there.

Asked on June 25, 2009 under Real Estate Law, Pennsylvania

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT and practice in this area of the law.  If you are still on the mortgage, you can have your spouse refinance the property and put only their name on the mortgage only.  Then you can transfer your interest in the house to your spouse.  this way, you are off the mortgage and the deed.  If no refi will be done, then quit claim the property to your spouse.  However, it does not benefit you to give up the real estate if you are still on the mortgage as your spouse will benefit from the sale and you wont.  Speak to a lawyer in detail about the circumstances before you do anything.


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