Legal Question in Family Law in Maryland
divorce, and a mortgage
If my husband and I are both on the mortgage, he says he's moving out, how do I get him off of the mortgage? should I even do that if I want him to help financially?
2 Answers from Attorneys
Re: divorce, and a mortgage
The only way to remove your spouse from the mortgage would be to have the home refinanced. Obviously, your husband would have to consent to the refinance and sign the necessary paperwork for it to go forward. As to getting your husband to contribute to you financially, you should probably consult with an attorney so that person can get further details from you so he or she can ascertain whether or not that is possible.
Re: divorce, and a mortgage
The only way that you would be able to remove him from the mortgage is if you bought him out by refinancing the obligation in your name only. If you do this, you should have him agree in writing to removing his name from the deed and agreeing that the home will not be considered as marital property.