Legal Question in Credit and Debt Law in North Carolina

My wife is wanting to get her name off our home loan can this be done without refiancing.......is also is willing to take her name off the deed also.......she is willing to give up all rights to our home and does not want any part of the house payment...........she is in 100% agreement to all this.......can this be done and us stay married


Asked on 12/25/11, 8:01 am

1 Answer from Attorneys

I don't know why your wife needs her name off of the mortgage. And why would she agree to take her name off of the deed? Her name does not have to be taken off the deed if its removed from the mortgage. Are you considering a divorce? If the home was acquired during the marriage, its marital property and whether your wife is willing to sign over her rights in the home may or may not be a good idea.

It will be up to the mortgage lender as to whether it will agree to remove your wife's name. If they will not, then the only way is to get the home re-financed.

I give free email consults. If you would prefer to provide me with more details about what you are trying to do and why, I may be able to provide you with better advice. Please contact me at [email protected] if interested.

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Answered on 12/26/11, 12:54 pm


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