Williamstown, NJ asked in Real Estate Law for New Jersey

Q: Can I get wife's name off of mortgage without refinancing?

My wife and I are divorcing and I am taking over the mortgage. Is there a way (or a form) that will allow us to remove her name from the mortgage and deed without refinancing the house?

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1 Lawyer Answer
Jay Schmerler
Jay Schmerler
  • Eatontown, NJ
  • Licensed in New Jersey

A: Only if the Lender will release your wife from the existing mortgage. That will not happen if your income alone would not be sufficient to repay the existing loan. You do not say whether your wife signed the Note as well. Regardless, your wife will need to transfer her interest in the property to you through a Deed. Speak with your attorney.

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