Can I be removed from mortgage loan but keep my name on the title/deed?

UPDATED: Oct 1, 2022

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Can I be removed from mortgage loan but keep my name on the title/deed?

I went through a divorce back in 2013. In the
divorce decree, it states my ex can reside in
the home we use to live together as long as he
refinances within 5 years and remove my name
from mortgage obligations. He hasnt yet and
its affecting my credit score. When he
refinances and removes my name, will my
name still be on the title/deed of house?

Asked on July 8, 2018 under Real Estate Law, Nevada


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

IF he can refinance in his name only, then your name can be removed from the mortgage while you remain on the title. But bear in mind that there is no law saying that banks must refinance, and your divorce decree does NOT bind or control the bank, since they were not a part of your marriage or your divorce. (An decree or order only binds those parties who were part of the case.) Therefore, it is not guaranteed that he will be able to refinance in his name only; he has to find a bank/lender willing to do so.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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