Probably can be done for half of the remainder of mortgage cost (And a little bit extra for costs)
no
The lender must approve.
This sounds like a real mess. It sounds like two joint tenants own a piece of property in common with one having the mortgage in his name. The other joint tenant has a piece of property that has a home equity loan about to go into default. In one state the joint tenant with the home equity in default would lose that piece of property. It would not affect the piece of property he or she owned with a different person.
There is nothing that "removes" a name from a mortgage. That contract, like all contracts, is relevant until it is completed (paid). However, chapter 7 bankruptcy can discharge the debt. On any joint debt that one party discharges through bankruptcy, the other account holder becomes 100% liable for the balance.
Generally, the only way to have your name removed from a mortgage is to pay that mortgage off and refinance in someone else's name.Generally, the only way to have your name removed from a mortgage is to pay that mortgage off and refinance in someone else's name.Generally, the only way to have your name removed from a mortgage is to pay that mortgage off and refinance in someone else's name.Generally, the only way to have your name removed from a mortgage is to pay that mortgage off and refinance in someone else's name.
You cannot "get out of" a mortgage. The mortgage must be paid off and refinanced in the name of the new single owner. That issue should be addressed in every divorce agreement.
no
The joint person is still responsible until the loan is paid off or refinanced out of the person's joint name.
The lender must approve.
Yes. If you are a joint fee owner and you didn't sign the mortgage then your half interest is free of the mortgage.
It depends on how the 2 people owned the property: as joint tenants, tenants by the entirety, tenants in common, and whether the mortgage covered the entire fee ownership or just one joint tenant's interests in it. Too little information to be specific, but if we're talking joint tenants with the right of survivorship, the mortgagor-owner would inherit the deceased joint tenant's share and nothing much would change.
This sounds like a real mess. It sounds like two joint tenants own a piece of property in common with one having the mortgage in his name. The other joint tenant has a piece of property that has a home equity loan about to go into default. In one state the joint tenant with the home equity in default would lose that piece of property. It would not affect the piece of property he or she owned with a different person.
Each person who signed the mortgage is responsible for paying that debt. You should discuss your situation with an attorney, especially if the other person's name is also on the deed.
You need to discuss that with the lender. Generally the only way to remove your name from a mortgage is to pay it off.You need to discuss that with the lender. Generally the only way to remove your name from a mortgage is to pay it off.You need to discuss that with the lender. Generally the only way to remove your name from a mortgage is to pay it off.You need to discuss that with the lender. Generally the only way to remove your name from a mortgage is to pay it off.
If she wished to retain the property. She would in all likelihood be required to refinance the property as the first mortgage holder has priority.
There is nothing that "removes" a name from a mortgage. That contract, like all contracts, is relevant until it is completed (paid). However, chapter 7 bankruptcy can discharge the debt. On any joint debt that one party discharges through bankruptcy, the other account holder becomes 100% liable for the balance.
Your solicitor can negotiate with the lender for you but the mortgage is owned by the lender. You cannot take your wife's name off the obligation if she signed the mortgage. You would need to refinance in your own name and pay off that mortgage. You need to discuss the situation with your bank. If you want the mortgage in your name alone the property must also be in your name alone.Your solicitor can negotiate with the lender for you but the mortgage is owned by the lender. You cannot take your wife's name off the obligation if she signed the mortgage. You would need to refinance in your own name and pay off that mortgage. You need to discuss the situation with your bank. If you want the mortgage in your name alone the property must also be in your name alone.Your solicitor can negotiate with the lender for you but the mortgage is owned by the lender. You cannot take your wife's name off the obligation if she signed the mortgage. You would need to refinance in your own name and pay off that mortgage. You need to discuss the situation with your bank. If you want the mortgage in your name alone the property must also be in your name alone.Your solicitor can negotiate with the lender for you but the mortgage is owned by the lender. You cannot take your wife's name off the obligation if she signed the mortgage. You would need to refinance in your own name and pay off that mortgage. You need to discuss the situation with your bank. If you want the mortgage in your name alone the property must also be in your name alone.