Divorce is stressful, and it can be easy to get overwhelmed, especially if you and your future ex-spouse bought a home and hold a mortgage together. Here are a few ways you can approach your mortgage during a divorce:

  • Take your spouse off of your mortgage
  • File a quitclaim deed
  • Sell your home

Take your spouse off of the mortgage

quitclaim deed

To remove your spouse’s name from your mortgage and stay in your home, you would need to refinance your home loan in your name. However, doing so is not a legal agreement, as you and your spouse will still be responsible for repaying the loan.

You must also pass all the eligibility requirements like any other purchase or refinance. If you qualified for your mortgage under dual income, it may be more challenging under one. If your financial standing or credit is not strong enough to qualify for the loan you need, you may look into obtaining a co-signer, or making larger payments to end the mortgage sooner.

For you or your spouse to be completely exempt from loan repayment, a quitclaim deed must be filed, or the home sold.,

File a quitclaim deed

Along with taking your spouse’s name off the mortgage, you will need to take their name off the deed of your home. Removing their name can only be done once you’ve been approved for a refinance on your mortgage.

To take their name off the title, you will need to file a quitclaim deed. Once your spouse fills out the form, they will need to meet with you and your loan officer and sign the quitclaim. The loan officer will notarize the document and remove your spouse’s name from the deed and mortgage.

Sell the home

If neither you nor your spouse is interested in keeping the home, selling it would be the easiest way to remove yourself from the mortgage. The divorce agreement should cover the splitting of profits.

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The above information is for educational purposes only. All information, loan programs and interest rates are subject to change without notice. All loans subject to underwriter approval. Terms and conditions apply. Always consult an accountant or tax advisor for full eligibility requirements on tax deduction.