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Eveningstargazer
Eveningstargazer, Counselor
Category: Relationship
Satisfied Customers: 155
Experience:  Licensed Marriage and Family Therapist (LMFT)
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Hi my husband and I have been separated for four months due

Resolved Question:

Hi my husband and I have been separated for four months due to his adultery. He has been paying half the mortgage since he left but is now saying he wont as he wants to buy a house with his affair partner and needs his name taking off my mortgage. We have not even started divorce proceedings nor been to mediation. We have 3 daughters , one is 21 and is a student nurse receiving just enough student finance to buy her books , petrol etc. One is 18 and is currently out of work so I have to provide for her as well and the other is 11. If he takes his name off the mortgage the lender will not allow me to take it on myself as I do not meet the lending criteria. Is there any way I can stop him taking his name off .?
Submitted: 3 years ago.
Category: Relationship
Expert:  Eveningstargazer replied 3 years ago.
Eveningstargazer :

A mortgage is a legal and recorded document that cannot typically be altered. Because, at the time of the original loan, the loan was based on the qualification of two individuals to obtain the financing, there is no way to ‘take someone off’ of a loan.

You can remove someone from the title of the property, provided they sign the appropriate papers, so that they are no longer a legal owner of the property, this has nothing to do with the mortgage loan however, and they will still be responsible for repayment.

Think of it this way, if you lent someone a large sum of money, and there were 2 people signing on the loan papers, and responsible for repaying you, would you accept that one of them didn’t want to be responsible anymore? Probably not, as your qualification was dependent on both of them applying for the loan, and both using their income/assets/credit to obtain the loan.

The only way to take someone off of a mortgage is to actually pay that mortgage off in full, typically via a refinance, and apply for the new loan solely in your name. If you are able to qualify for a new loan and obtain one, when the old loan is paid off that person would no longer have any liability.

Fortunately for you, because the initial loan was based on both of you, and it is legally recorded as such, there is no way to remove someone from the liability that they signed for at the time the loan was extended.

If the removal is based on a court order (divorce decree, etc) you can attempt to speak with your attorney to see if the other party will allow some type of extension until you are able to get financed on your own, but unfortunately there is no way to simply remove someone from a loan unless you can obtain new financing only in your name and pay the old loan off.

Customer: Thank you for the information
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