Get my spouse off the mortgage

The only way to get someone off a mortgage would be to either repay the mortgage or to refinance without the person's name on it. You cannot simply take someone's name off a mortgage until it is paid off or refinanced. It is also important to bring up the fact that even if the name was taken off the mortgage it would not be taken off the deed. Depending on which state you live in even if your spouse is not making payments, the house will still be happy affairs regardless on if they paid or not. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147