Deed vs Mortgage

Can the supporting spouse be obligated to mortgage without being on the deed? He has offered to continue paying mortgage but the house would be mine. Can his name be removed from deed while my name is removed from mortgage?

Yes, however it is very unlikely that your husband would agree to not be on the deed to the home (i.e. have no ownership) but still be be liable on the mortgage as part of a permanent property settlement.

In a separation and divorce, the spouse keeping the home must also refinance the mortgage so that both the deed and the mortgage are free of the other spouse.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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