can i take my wife’s name off the mortgage note.
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can i take my wife’s name off the mortgage note.
we are common law married for 13 years and now getting divorced. We bought a house together almost a year ago. Now I want to get her name off the mortgage and she does as well. Can this be done?
Asked on August 3, 2016 under Family Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If there is a court order in place that prevents you from making any changes on accounts while a divorce is pending, then you cannot take your wife's name off the mortgage.
If there are no temporary court orders, then you and your wife can agree for you to refinance the mortgage into your name alone. Most mortgage companies will not simply let you take her name off... they will require you to qualify for financing in your name alone.
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