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how to remove someones name off home deed and mortgage

both parties are in agreement to remove one parties name off the deed/mortgage. the remaining name on said documents will resume living in residence and continue to pay the mortgage. they have only lived in the residence 1yr.

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi miss_sporty,

The party which wants to remove its name from the deed can sign a quitclaim deed in the name of the other party. This will transfer the ownership of the property in the other party's name. Once the ownership is transferred to the other party's name, they will have to refinance the mortgage in their name.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

do i have to re apply for the mortgage

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

nick i don't know if you are also known as miss sporty or not, so i don't know if i'm addressing this answer to the same original poster or not.

at any rate, in order to refinance, one needs to complete an application; so the answer to your question is clearly "yes."

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My brother and I share a house which we both live in, however I am moving out. His name is first on the mortage then mine because financially he makes more. Question?, will a Quitclaim deed/mortage work for me and how long does this process take and or can I file this myself or should I seek representation. Thanks

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Stacey,

If you want to move out, you can sign a quitclaim deed to give up your interest in the property. However, this will not relese you of your financial lilability. To remove your name from the mortgage, your brother needs to refinance it in his name. You can also request your lender to release you of the liabililty when you sign the deed.

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

it doesn't hurt you to have legal representation. you need to know what you're doing. to be perfectly frank about it: posting on a forum such as this may be helpful, but it's not the perfect solution to anything. you may very well get quality advice, but that's not going to enhance your understanding at all times. in order for you to fully understand what you're getting into or not getting into, i suggest you consider obtaining legal advice.

it's obviously your option whether you do so or not. i'm simply trying to point out that what often may appear as expert advice may just be the spitting back of what someone has learned through hearsay. lay people have no business giving legal advice, just as they'd have no business doing surgery.

this is by no means a criticism of the good people who populate this little corner of the universe. i have found great value in many of the questions and answers on these forums in this community. i encourage all who have a valuable message to share to participate.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Will I still qualify for a first time buyer if I was the second name on the loan if I get deed off

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

sorry mrs. lady, if you are an owner of a primary residence, it doesn't matter where you are on the deed, you're still an owner.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I signed a legal document under the understanding that it was to remove my name from my maritial home mortgage. Since then I have learned that it was to give my ex-husband total ownership. When I singed this I asked the lawyer involved what exactly it meant and he said that it had no bearing on what I was entitled to from the equity of the home. In essence he lied....What can I do?

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hemsleysue's picture
hemsleysue | Joined: September 13, 2009 07:07 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi wibs,

I think they have played a trick. What was the decision in your divorce?

if deed has been notarized & recorded, you do not have any right on house. however your name will still be on the mortgage.

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

wibs girl what does your divorce decree state? are you to get a share of equity per the decree?

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sunnyca2009's picture
sunnyca2009 | Joined: August 4, 2009 07:15 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Wibds what document did you really sign

Was it a [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url]

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my ex parnter has moved out a year ago and is not paying the mortgage, he is living in a different country now and i am paying the mortgage alone with a lodger paying rent.
How do i go about removing his name, he is willing to sign something to say he will come off

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my ex parnter has moved out a year ago and is not paying the mortgage, he is living in a different country now and i am paying the mortgage alone with a lodger paying rent.
How do i go about removing his name, he is willing to sign something to say he will come off

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

dani, this isn't too difficult. your former partner can provide you with a quit claim deed, transferring his interest in the property to you. what you'll need to understand, however, is that the mortgage lender has the right to call the entire mortgage loan due in full if you go that route. any time that title is transferred on a property that has a mortgage, the "due on sale" clause in the mortgage kicks in. be careful. however, i will add, generally there is no cause for alarm as long as you are able to maintain regular payments. most lenders only want to receive their payments and have no reason to desire a default.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My moms house is paid for. The house is in 3 names (myself and 2 sisters) I want to take off my name on the title. Can I use a quit claim form to do this. They are in agreement. Will this effect anything else in regards to the house.

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi smart,

If you want to take your name off the title, you can sign a quit claim deed and give up your ownership to the property. Since the house is paid for, there should not be any problem if you take your name off the property title.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hello, before my husband and I got married, our mortgage and the deed was in husbands' and mother-in-laws' name. Since then, we re-financed and the mortgage is in our name, but we never updated the deed. The deed still has my mother-in-laws' name in it. How can we add my name to the deed and remove my mother-in-laws' name? How much does it cost to add and remove names from the deed? Do we need to get a lawyer to do this?

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savior70's picture
savior70 | Joined: March 25, 2009 05:14 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

To mtgquest,

Your mother-in-law will have to sign a quitclaim deed and give up her ownership rights to the property. She can transfer her share of the property to you. This will remove her name from the property deed, while adding your name to it. The deed has to be signed and notarized and then, recorded with the county recorder's office. This should not cost you much. The charges for recording the deed are nominal. However, to avoid any confusion in future, you can contact a lawyer and get a quitclaim deed drafted by him.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

hi can any body help. me and my x girlfriend have a mortgage with both our names on. but she wants off as she wants to get a house. but will not house her when she is on this one. i been up to see the bank about taking her name of but they say they will not do it as i am off work sick. there is only about 28000 left to pay and i have the money in the bank. that cames close to cover that.

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi glenn,

If you currently do not have a job, the lender will not take your ex-girlfriend's name off the loan. As long as her name is on the loan, it will be considered as her liability and her mortgage debt to income ratio will be affected.

You may consider paying off the loan since you have the money to cover the mortgage balance. This will not just take her name off the loan, but will also release you from your mortgage liability. However, as you are currently not employed, you might want to keep this money for any future emergency. In that case, your ex will have to wait for some time till you have a job to take over the mortgage liability solely in your name.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My ex boyfriend and I bought a house 4 yr ago he left 2months into it. How can I get his name off the mortgage and deed without refinancing and causing me to pay more money? Or can he be responsible for the costs since he wants his name off but yet has not held up any of his responsibilities?

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

You will have to ask your boyfriend to sign a quit claim deed and transfer the property to your name. This will make you the sole owner of the property. After that you will have to [url=http://www.mortgagefit.com/refinance.html]refinance[/url] the mortgage in your name in order to remove his name from the mortgage doc. If you cannot refinance, then you will have to check out with the lender as to whether or not he would allow you to assume the mortgage.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi, i bought a house with a freind almost 3 years ago. my friend now has decided that he can't afford to live there any more and has moved out.

He is willing to have his name removed from the mortgage but i cant imagine i would be able to refinance as I only earn 18,000 pounds a year. I do have the option of having someone rent. Will this help?

If not, is there a document we can both sign that means he gives up all his rights? I don't want a problem that say in 6 years time i have paid it all on my own and decide to sell and he could then get half.

What is my best option? Any help would be great

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi TerryG!

Welcome to forums!

Unless you refinance the mortgage, you won't be able to remove your friend from the mortgage docs. The rental income can be considered as your income while you apply for a mortgage. Also, your credit score would be taken into consideration while the lender approves you for a mortgage. You can check out if your friends or relatives can co-sign for you while you refinance the loan. Thus, their income will be taken into consideration while the lender gives you the loan.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My fiance has been divorced for 6 years. In the divorce the house and land was 100% awarded to him. He has sent papers via Lawyer twice in the last six years to remove her name off the deed and she refuses to sign them and send them back. She is in New York and we are in Florida. Is there any way he can remove her name from the deed, with her refusing to sign the papers and send them back?

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Unless your ex signs the quit claim deed, your lawyer will not be able to get the property transferred in your name.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My parents have their home in their three children;s names. My sister removed her name from it and I thin she recently added it back. My brother nor I signed anything for removing her or adding her and how do I check and see if I am still on the home? My sister has in the past forged my signature is there anything I can do if this is the case and where to I call to have it checked?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My parents have their home in their three children;s names. My sister removed her name from it and I thin she recently added it back. My brother nor I signed anything for removing her or adding her and how do I check and see if I am still on the home? My sister has in the past forged my signature is there anything I can do if this is the case and where to I call to have it checked? The home is paid in full

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My husband and I bought a house The loan is just in his name. due to spousal rights they put me on the mortgage and deed. I dont want anything to do with the house and he is defaulting and letting it go back I do not want a foreclosure on my credit report. What can I do to fix this so it is not?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Leah,

It would have been better if you won't have included your name in the property deed and the mortgage. You can sign a quit claim deed and transfer the property to your husband. However, unless your husband refinances the mortgage in his name, you won't be able to remove your name from the mortgage docs. However, as your husband is already past due on his mortgage payments, he won't be able to refinance the loan.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I bought a house and 5 acres with a friend,12 years ago. She moved out 10years and stop paying mortage payments and taxes. I have done everything for the last 10 years. i just payed off the property. the county apprased it just last month. I want her off the deed before she sells her half. she has not payed nothing in 10years

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi jewels,

You will have to ask your sister to sign a [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url] and transfer her share of the property to you. This will make you the sole owner of the property.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

As per Dani here i am in the same boat and desperatly need to get his name off and no one can tell me how he wants nothing to do with the house or any thing in it and is happy to sign off but how do i do it with out paying a lawyer a fortune

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Nea,

You will have to ask the person to sign a quitclaim deed and transfer the property to you. Though sample deeds are available online, it's better to contact a real estate attorney and get the deed drafted from him.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My dad died and his house was put in my sisters name with the bank. I've lived in it all along and we want it in my name now. Do we have to get the banks okay and will they run a credit check on me?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi mjlong!

Welcome to forums!

It will be better to inform the bank and then get the property transferred in your name. The lender will run a credit check only if you go for a mortgage.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My husband and I want to take over a friends mortgage he has agood job and credit,my friend wants to move out because she's alone and wants to get away from all the memories , how can we take over her payments , and get her name completley off the loan to where she doesn't have to worry?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi crisi!

Welcome to forums!

You and your husband will have to [url=http://www.mortgagefit.com/refinance.html]refinance[/url] the mortgage in your name in order to remove your friend from the loan. You can ask her to sign a quitclaim deed and transfer the property to you. This will make you the owner of the property as well as the mortgage.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My friend bought and paid for his home. At the time his grand nephew and he were getting along quite well and my friend being considerably older, considered it a gesture of ..well I don't know what. Now his nephews behavior and attitude have made living with him an unbearable situation. How can he get rid of nephew? Because his name is on the deed even though he has paid nothing, he continues to live there against my friends wishes. how can he be legally removed from both the house and the deed?

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi dgio!

Welcome to forums!

As the nephew's name is mentioned on the property deed, he is one of the owners of the property. Though he hasn't paid anything, your friend cannot force him to leave the property. However, if the nephew quitclaims the property to your friend, then your friend can ask him to leave the property. At that time, your friend will become the sole owner of the property.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Is there any way to force the nephew to sign the quitclaim. My friend owns the home outright and other than the fact that he had a moment of un-clarity the only claim that the nephew has is that moment when his name was put on the deed. There has to be some legal way to get him out of the picture. I await your answer.

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi dgio,

No one can force the nephew to sign the quitclaim deed and release his claims over that property. If anybody forces him to sign the deed, it will be considered as illegal. It will be better if your friend could buy him out by offering him some money and asking him to sign the quitclaim deed. If the nephew agrees to it, then your friend will become the sole owner of the property.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My dad is ederly and he had a new log cabben bilt on some land and unbenon to him when he signed the dee my sister put her name also, now the sister is no loger talking to him because he got remarried @ age 85, so how does my dad drop her name from deed?
He pays all bills / taxes!! :?:

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi AlyssaG!

Welcome to forums!

Unless your sister signs a quitclaim deed and transfers the property to your father, he won't be able to drop her name from the deed.

Feel free to ask if you've further queries.

Sussane

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