Removing Ex Spouse from Mortgage

My ex and I jointly own a house but are divorced. He has named a price and asked if I want to buy him out.

Can anyone recommend a property attorney to draft an agreement?

If I do not refinance and can pay him cash, what is the best way to remove his name from the mortgage?

If I do refinance the original loan with an ARM and also get a cash home equity loan, can I require that his name be removed from the mortgage/title before I pay him? Can I require that he move out and turn in keys before I pay him?

What else should I watch out for?


He should be the one concerned about getting his name off the note, not you…I see so many people come in my office with a foreclosure on their credit - When asked about it, they say “Oh, the judge gave the house to my husband, it dosen’t count”. Hummm, oh yeah, it counts. (Not trying to imply anything about you personally, just wanted to use your situation to warn others).

If you ever get divorced, make whoever gets the house refi and get your name off the note. If their credit will not allow them to refi, ask the judge to force liquidation. You’ll be glad you did.

Anyway, back to your situation, you will have to refi the property to get his name off the note - End of story. As far as his claim to the property, it should be in the divorce decree that you retain the house, and I’m sure you lawyer will make him sign a quick claim or similar deed.