Q: How can I get ex-husband off my mortgage and deed in MA?
I have been divorced for many years and would like to get my ex-husband's name off the mortgage and deed to the house. When we got divorce divorced, I assumed all responsibility for the house including mortgage payments, repairs, maintenance, etc. He has not paid any money toward the house at all since the divorce. We both want his name off as he has had nothing at all to do with the house.
A:
This is nearly always specified in the Separation Agreement or Judgment of Divorce. If not, it may not have come to the judge's attention that there was real estate held in the names of both parties. Either way, you can remove your ex-husband's name from the mortgage by either refinancing the mortgage or assuming the mortgage (which means you would take full responsibility for repayment and your ex-husband would be released from liability).
Your ex-husband will need to sign a quitclaim deed transferring all of his interests in the property to you. Most of the time, this should be done at the time of the assumption or refinance. If refinancing, this can likely be done by the closing attorney as part of the refinance process.
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