Key Takeaways
- You generally can’t remove someone from a mortgage without their permission.
- Refinancing, loan assumption, or selling the home are the most common solutions.
- Legal action may be necessary if the co-borrower refuses to cooperate.
When a relationship ends, shared financial responsibilities, like a mortgage, can become a major source of stress. Maybe you’re going through a divorce or dealing with a co-borrower who’s no longer contributing. Whatever the reason, you may find yourself asking: Can you remove someone from a mortgage without their permission?
In most cases, the answer is no. A mortgage is a legal agreement between the lender and all borrowers. That means you can’t make changes without everyone’s consent, but that doesn’t mean you’re out of options.
Common situations that might bring up this question
- Divorce or breakup: Jess and Mike are finalizing their divorce. Jess wants to stay in the home they shared and raised their kids in, and Mike originally agreed to let her have the house in the divorce settlement. But now, he’s refusing to sign the necessary paperwork and Jess is worried about being financially tied to him indefinitely.
- Estranged co-signers: When Andrea bought her first home, her friend Jake co-signed the loan to help her qualify. Years later, they’re no longer on speaking terms. Andrea wants to take full ownership, but Jake won’t return her messages.
- Unequal financial contributions: Alex and Leah purchased a condo while they were still dating. Leah moved out after they split, and Alex has been covering the mortgage ever since. He wants her off the loan, but Leah is worried that removing her name could affect her credit or future homebuying plans.
- Desire for full financial control: Stacey and her ex bought a house in 2019. He moved out when the relationship ended, but his name remains on the mortgage. Stacey wants to regain full financial control and move forward without being legally tied to her ex.
What you can do to remove someone from a mortgage
Removing someone from a mortgage without their cooperation isn’t an option — but there are alternatives to explore. Each comes with trade-offs, so it’s worth weighing the pros and cons carefully.
1. Refinance the mortgage in your name only
Refinancing is the most common way to remove a co-borrower. You take out a new loan to pay off the original one, but this time, you’re the sole borrower.
Things to consider:
- You’ll need to qualify for the loan on your own — your credit, income, and debt-to-income ratio all matter.
- Refinancing comes with closing costs, which usually cost between 2% and 5% of the loan amount.
- If interest rates are higher now than when you first took out the mortgage, your new rate could be higher.
2. Ask your lender about loan assumption
Loan assumption may allow one borrower to take full responsibility for the existing loan while keeping the original terms.
Things to consider:
- Not all lenders allow assumptions, so this may not be an option.
- You’ll still need to qualify financially and submit an application.
- Even if the lender approves the assumption, the co-borrower may still need to agree in writing.
3. Sell the home and split the proceeds
If the first two options aren’t possible, selling the property may be the best way to resolve the situation. The proceeds can be divided according to your ownership agreement.
Things to consider:
- You’ll need everyone on the title to agree to the sale.
- The current market and property value will impact how much equity each party receives.
- Closing costs and Realtor commissions will cut into the final amount you walk away with.
4. Talk to an attorney about legal options
In situations where communication has broken down entirely, or one party refuses to cooperate, legal action might be the only way forward. This could include a court-ordered sale or addressing the issue in a divorce settlement.
Things to consider:
- Legal proceedings can be expensive and emotionally taxing.
- A judge may force the sale of the property, even if one party wants to keep it.
- There’s no guarantee the outcome will be favorable, and the process can drag on for months.
The bottom line
It’s rarely possible to remove someone from a mortgage without their permission, and for good reason. Mortgage contracts are designed to protect everyone involved, ensuring that no one is unexpectedly left with a major financial obligation or cut out of a legally binding agreement. While the process can feel slow and frustrating, there are still ways to move forward.
If you’re exploring how to remove someone from a mortgage without refinance, options like loan assumption, selling the home, or seeking legal guidance may help. And if you’re feeling stuck, a real estate attorney or financial advisor can help you navigate the complexities and find a solution that works.
