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

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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

Answers:

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

Answered 5 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.


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