Redlands, CA asked in Divorce and Real Estate Law for California

Q: Can you take a spouse off the mortgage before filing for divorce?

My spouse has paid nothing for or to this house and I would like to remove them before filling for divorce. The bank still owns the deed and we are together on the mortgage but I pay everything. We've been in this house for 20 months.

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1 Lawyer Answer
Tobie Brina Waxman
Tobie Brina Waxman
Answered
  • Culver City, CA
  • Licensed in California

A: You can't just remove someone's name from a mortgage (home loan). To remove someone from a home loan you have to refinance the loan. You would then need to sign a new Deed and your spouse would have to sign it too.

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