Co-owner of a home but not married, never married. Need to get name off mortgage

UPDATED: Sep 30, 2022

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Co-owner of a home but not married, never married. Need to get name off mortgage

House is in Georgia and amount owed is 89,000. Recent appraisal a few weeks back
was at 155,000. We are not married and have never been married. Credit scores
good with both of us. What should I do to get my name off of the mortgage? I
have 2 semesters left in RN school, and this is just not a good place for me
right now. I want nothing from the home…….only my clothes and pictures of my
grown children. Can you please advise?

Anxiously awaiting a response……..


Asked on January 14, 2017 under Real Estate Law, Georgia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You may not be able to remove your name since the lender relied on both of you to qualify and be responsible to pay the mortgage. That having been said, the other co-owner could refinance the property and get a mortgage in their name only. If that doesn't work, the other owner can ask the lender to allow what is called a "novation" to remove your name. It's worth trying but quite frankly it is only rarely allowed. A novation could be accomplished in 1 of 2 ways: by the other owner showing that they have paid the mortgage for a cetain period of time without you assuming that the mortgage is current and has never been late, the lender (this may or may not be applicable in your situation)  ; or by having the other owner "buy" your release by making a substantial payment to reduce the mortgage balance.

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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