Does a loan Assumption Change the names on a deed/title

UPDATED: Oct 1, 2022

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Does a loan Assumption Change the names on a deed/title

My ex agreed to remove her name from my mortgage. The mortgage company agreed to
allow either a release from liability or an assumption. Does an assumption mean
her name will be removed from the title? I want to make sure she is also removed
from any future rights to the property since she is agreeing to do so right now.

Asked on May 28, 2019 under Real Estate Law, New Hampshire


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Loan assumption does not itself change ownership or who is on the title. She can remove herself from the title by executing a quitclaim deed giving all her rights, interests, etc. in the home to you. This can be done at the time of the loan assumption. Before doing anything, draw up and have her sign a written agreement that in exchange for being removed from the loan, she will give up all her right, title, and interest in the property to you. By having a written agreement that she will do this, if she refuses or fails to do so, you could then sue her for breach of contract to get a court order requiring her to be removed.

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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