How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask InsuranceLawyer Your Own Question

InsuranceLawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 1033
Experience:  Twenty-six years of litigation experience including many contract cases.
Type Your Real Estate Law Question Here...
InsuranceLawyer is online now
A new question is answered every 9 seconds

How do i remove my husbands name off the deed and mortgage

Customer Question

My husband left (USA) and abonded me with the house. My name and his name are both on the deed and his name is XXXXX XXXXX mortgage. We are still in contact with eachother, but he is in Germany and says he does not want to return to USA. How do I do this without his signature? I live in New Jersey. I also am planning to sell house.
Submitted: 7 years ago.
Category: Real Estate Law
Expert:  InsuranceLawyer replied 7 years ago.

Without his signature, you can't. And even with his signature, you could not take him off the mortgage. The bank would have to agree to it, and they probably would not, because that means only 1 person would be responsible instead of two.

What you need is to start a divorce action. In the divorce, you could get the court to order him off the deed.

Customer: replied 7 years ago.
Reply to InsuranceLawyer's Post: It does not make sense! My husband is the only person on the mortgage now. The deed is in both our names. What about Quit Claim Deed, where i can transfer or remove his name off the deed?

How am i going to sell the house if i can't change all these legal issues?????
Expert:  InsuranceLawyer replied 7 years ago.
A Quit Claim deed would have to be signed by your husband. The botXXXXX XXXXXne is, if your husband doesn't sign, you can't sell the house. The ONLY way to get him off the deed without his signature, is by divorce.
Customer: replied 7 years ago.
I don't find this answer satifactory. My husband left due to legal problems in US and we are not getting a divorce. that is not an option for me.

I did NOT ACCEPT this answer and i was charged for the $20 fee which i will dispute.
Expert:  InsuranceLawyer replied 7 years ago.

I am sorry you don't like my answer, but it is the correct answer. You cannot take your husband's name off the deed unless he signs an agreement to do so, or unless you get a divorce.

There is only one other way to get his name off the deed, and that is if you allow the bank to foreclose on the mortgage. Then the mortgage gets paid off and the bank gets title to the house. But this hurts your credit, and you have to move.

What else can I say? What you want to do, cannot be done, except in the ways I described. You can ask ten other lawyers and you'll get the same answer.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • Tina


    Satisfied Customers:

    17 years of legal experience including real estate law.
< Last | Next >
  • Tina's Avatar



    Satisfied Customers:

    17 years of legal experience including real estate law.
  • Barrister's Avatar



    Satisfied Customers:

    15 years real estate, Realtor. Landlord 26 years
  • Dimitry Esquire's Avatar

    Dimitry Esquire


    Satisfied Customers:

    JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
  • Ray's Avatar



    Satisfied Customers:

    Texas Attorney for 29 years dealing in real estate
  • LawTalk's Avatar



    Satisfied Customers:

    I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Qualified attorney in private practice including business, family, criminal, and real estate issues.
  • P. Simmons's Avatar

    P. Simmons


    Satisfied Customers:

    12+ yrs. of experience including real estate law.