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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.


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