Removing someone from a mortgage usually means refinancing into the remaining borrower’s name alone, which requires that person to qualify on their own income and credit. Some loans allow an assumption with a release of liability instead. A divorce decree or a quitclaim deed doesn’t remove anyone from the loan; it only changes who owns the home or who should pay.
Title vs. the loan
Being on the title means you own the home. Being on the loan means you owe the money. They’re separate: a quitclaim deed can take someone off the title, but they remain liable for the mortgage until the loan is refinanced or the lender releases them.
Your options
| Option | How it works |
|---|---|
| Refinance | The remaining borrower takes a new loan alone, paying off the old one. Most common. |
| Assumption with release of liability | The remaining borrower assumes the existing loan and the lender releases the other. Available on FHA and VA loans and some others; the servicer must approve. |
| Sell the home | Pays off the loan for everyone. |
| Loan modification | Rarely used to remove a borrower; ask the servicer. |
In a divorce
- The decree may say who keeps the house and pays the mortgage, but the lender isn’t bound by it.
- Ask for a deadline in the agreement to refinance or sell.
- Paying a former spouse their share of equity can be done with a cash-out refinance; see the cash-out refinance calculator.
- Federal law generally lets a home transfer to a spouse in a divorce without triggering the loan’s due-on-sale clause, but that still doesn’t release the departing spouse from the debt.
If the remaining borrower can’t qualify
Options include adding a new co-borrower, waiting until income or credit improves, or selling. See co-borrowers vs. co-signers. Talk to an attorney about how to protect both parties until the loan is resolved.
Common questions
Does a quitclaim deed remove someone from a mortgage?
No. It removes them from the title, but they remain responsible for the loan.
Can I take my ex-spouse off the mortgage without refinancing?
Sometimes, through an assumption with release of liability if the loan and servicer allow it; otherwise refinancing is needed.
Does a divorce decree remove my name from the mortgage?
No. The lender isn’t bound by it; the loan must be refinanced, assumed or paid off.
Updated October 2026. Educational content. OfferBacked is not currently a lender and doesn’t issue pre-approvals or loans.