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Taking Your Spouse Off Your Mortgage in Divorce
Keeping the family home when going through a divorce is a big decision (selling the house may be an even bigger one). If you still have a mortgage, you will be assuming responsibility for the loan and may want to consider removing your spouse from the mortgage. Also, taking your ex off will help ensure they do not profit if and when you sell the house (or inherit it should you die). There are, however, a number of steps that must be taken in order to remove your spouse, all intended to protect both your spouse and the lending institution. Apply for a Loan To Refinance Your Home (In Your Name Only) Even if you and your spouse agree that you will be responsible for the mortgage, until you refinance in your name, they can come after your spouse for repayment should you default. Of course, you must have a qualifying credit score and income (including spousal support payments) to qualify. Keep in mind that in community property states (including California) lenders can consider your spouses credit and debts when evaluating a loan. Execute a Quitclaim Deed Upon approval of your refinancing, you should file a ... more
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