How to get a spouse’s name off a mortgage.

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How to get a spouse’s name off a mortgage.

My husband and I recently separated and I will be taking over the mortgage on the house. His name needs to be removed. What is involved and how much is this going to cost me.

Asked on October 23, 2016 under Family Law, Alaska


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you are separated, some mortgage companies will want some legal documentation of the separation or divorce before they let your husband off the hook (They like have to people responsible to harass for payment).  The mortgage company's main concern, however, is that most courts put a "freeze" on disposing of assets or transferring assets during a divorce.  So, the mortgage companies ask for documentation to protect their interests and cover their assets. 
As far as costs, if everything is agreed to, then hire an attorney to draft the temporary or final divorce orders for you.  If this is an agreed to divorce, you may not need full representation, but you do want good orders that permit you to accomplish your financial goals without accidentally exposing you to additional civil liabilty.  Without more details, I cannot give you an exact cost... but hiring an attorney for a limited purpose (i.e. drafting) is substantially cheaper than full representation.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption