Can I change home ownership under myself but have the mortgage under my partner and I?

UPDATED: Sep 30, 2022

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Can I change home ownership under myself but have the mortgage under my partner and I?

My partner and I have separated but decided to have the house under my name
however the mortgage is under both of our names. I cannot change the
mortgage under my name as I am no longer employed. Can I still remove my
partners name from the house but have him still under the mortgage as I am

Asked on June 5, 2016 under Real Estate Law, Alaska


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You cannot remove him from the house, but he can voluntarily "quitclaim" his interest in the house to you: i.e. by quitclaim deed, give up all his right, title, and interest in and to the home to you. Doing so means that if/when the home is sold, he will not get any part of the proceeds, but will remain obligated on the mortgage, so doing so has significant downside to him and no upside, but he may voluntarily choose to do this. There may be tax consequences for one or both of you; you are strongly advised to consult with an accountant first. If you decide to do this, let a real estate attorney help you, to make sure everything is done properly.

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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