Parkersburg, WV asked in Real Estate Law and Contracts for West Virginia

Q: How can my mom remove her ex from mortgage in WV?

My mother lives in Parkersburg, WV, and her boyfriend is listed on the mortgage with her. He moved out in January 2023 and no longer resides at the property. Since then, all mortgage payments have been made. He wishes to be removed from the financial obligation of the home and is willing to sign a quitclaim deed to relinquish his interest. What are my mother's options for removing him from the mortgage? Additionally, there are no disputes or pending legal matters between them regarding property or financial assets.

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2 Lawyer Answers
Anthony M. Avery
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A: She will have to refinance the mortgage if she cannot pay it off now. Lender is not going to remove a notemaker unless fully paid. Get the quit claim deed now, but do not record it until the note is paid because of a probable due on sales clause.

James L. Arrasmith
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A: It’s great that both parties are cooperating—that makes this process much smoother. While your mom’s ex can sign a quitclaim deed to remove his name from the title, that doesn’t remove him from the mortgage itself. The mortgage is a separate legal contract with the lender, and only the lender can release someone from that obligation.

To remove him from the mortgage, your mom will likely need to refinance the loan in her name alone. This means applying for a new mortgage based on her income and credit, which will pay off the existing one and remove his name from the financial responsibility. If she qualifies, it can be a clean break—she gets sole ownership and full responsibility, and he’s released from the loan.

In the meantime, having him sign a quitclaim deed will help clarify ownership while she works through the refinance. She should also notify the lender of the situation to discuss options and timelines. With no disputes between them, they’re already in a good position to resolve this peacefully and fairly.

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