How do I get my name off a mortgage of a house if the other owner and I were never married?

UPDATED: Sep 30, 2022

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How do I get my name off a mortgage of a house if the other owner and I were never married?

I don’t want any equity of the home and do not want to force her to sell it. I just want my name off the mortgage. She still lives in the home. I gave her full ownership of the

home and now I just want my name off the mortgage.

Asked on March 1, 2016 under Real Estate Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can't get your name off the mortgage unless either both she *and* the lender allow you to take your name off--which is very unlikely; even if she were willing to do this, there is no reason why the lender would agree, since letting you out of the loan hurts them, by reducing the number of people legally obligated to pay--or unless she refinances in her name only. However, she is not required to refinance--it is voluntary on her part. Note that you can be obligated on the loan without being an owner, so giving her full ownership does not require that you be allowed out of the loan.

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