Legal Question in Real Estate Law in Georgia

You don't remove someone's name from a deed - you create a new deed that need to be the correct type of deed, properly prepared and executed. You and your husband, obviously, also don't get to decide who is liable for the loan without the creditor's consent, if that is what you are asking. Transferring the house into your name will not only violate the loan agreements (have you read the documents??), it will likely lead to a default and demand that the loan be paid in full immediately. It also could lead to a fraudulent conveyance claim against you.

Scott's answer may be right, or wrong, depending on the details you left out. The answer will vary depending on whether your loan has a due on sale clause (most due) and also on what type lender you had (the rules for federally chartered banks for example will be different than for an individual who gave a mortgage).

As Scott noted, you don't remove people from deeds. But you may, in connection with a probate, a divorce, or even sometimes by gift have him transfer his interest to you. Note that depending on the purpose behind the transfer, if it is designed to defraud creditors or to allow him to file bankruptcy, there may be serious consequences. So step one is to see a lawyer.

The federal regs that may protect you from some lenders are in the Code of Federal Regulations:

CHAPTER V: OFFICE OF THRIFT SUPERVISION, DEPARTMENT OF THE TREASURY

PART 591: PREEMPTION OF STATE DUE-ON-SALE LAWS

591.5 - Limitation on exercise of due-on-sale clauses.

(a) General. Except as provided in ? 591.4 (c) and (d)(4) of this part, due-on-sale practices of Federal savings associations and other lenders shall be governed exclusively by the Office's regulations, in preemption of and without regard to any limitations imposed by state law on either their inclusion or exercise including, without limitation, state law prohibitions against restraints on alienation, prohibitions against penalties and forfeitures, equitable restrictions and state law dealing with equitable transfers.

(b) Specific limitations. With respect to any loan on the security of a home occupied or to be occupied by the borrower,

(1) A lender shall not (except with regard to a reverse mortgage) exercise its option pursuant to a due-on-sale clause upon:

(i) The creation of a lien or other encumbrance subordinate to the lender's security instrument which does not relate to a transfer of rights of occupancy in the property: Provided, That such lien or encumbrance is not created pursuant to a contract for deed;

(ii) The creation of a purchase-money security interest for household appliances;

(iii) A transfer by devise, descent, or operation of law on the death of a joint tenant or tenant by the entirety;

(iv) The granting of a leasehold interest which has a term of three years or less and which does not contain an option to purchase (that is, either a lease of more than three years or a lease with an option to purchase will allow the exercise of a due-on-sale clause);

(v) A transfer, in which the transferee is a person who occupies or will occupy the property, which is:

(A) A transfer to a relative resulting from the death of the borrower;

(B) A transfer where the spouse or child(ren) becomes an owner of the property; or

(C) A transfer resulting from a decree of dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement by which the spouse becomes an owner of the property; or

(vi) A transfer into an inter vivos trust in which the borrower is and remains the beneficiary and occupant of the property, unless, as a condition precedent to such transfer, the borrower refuses to provide the lender with reasonable means acceptable to the lender by which the lender will be assured of timely notice of any subsequent transfer of the beneficial interest or change in occupancy.