Q: We live in New Jersey. My husband and I are both on the mortgage and the deed of the house. Can he refinance in his name only if I agree to that? I would like to be off the mortgage and stay on the deed. Is it possible?
A: In general, your husband should be able to refinance the property, he can be the person solely responsible for the debt and you should be able to remain on the title to the home.
In today’s market refinancing can be a bit tricky with declining home prices, additional lender restrictions and additional lender requirements. If you need to include your income in the application for refinance, you most likely will need to be on title when you refinance and will need to sign the note and mortgage.
If, however, you and your husband can refinance the loan without showing your income, you might be able to have the lender exclude you from the loan and mortgage but you could still be on title. You might have to waive your rights of homestead to the property and certain marital rights to the home to enable the lender to foreclose on the home should the loan go into default.
You should really talk to a good mortgage lender in your area to go over your financial situation and then to determine if your plan of action would work. By the way, is there a specific reason you want to be off the mortgage? For most married couples, having the husband and wife on the mortgage is not an issue.