Hello y Hola
I'm Peter Hudson. I am a licensed real estate agent and REALTOR® in the State of Arizona and I have the special designation as Real Estate Collaboration Specialist - Divorce (RCS-D). This designation means I have specialized training with divorce situations in real estate transactions.
I specialize in helping and representing couples who plan to divorce avoid expensive and long-lasting mistakes with their family home with compassionate explanations of all possibilities with the marital home.
Although my information will help anyone who is planning to divorce, my information will be particularly helpful to those who are preparing an uncontested divorce (as much as possible - I know, I've been there!) and who are at least being amicable in the decision.
Remember, Arizona is a Community Property State. You can read more about this at this link: Community Property State Explained
Look around and if I can answer any real estate related questions for you please reach out.
Can You Remove a Name from the Mortgage?
Quick Answer, NO.
Does the Existing Mortgage Loan Have an Assumable Clause?
If you want to remove a name from an existing mortgage loan the mortgage loan must have an assumable clause. Most mortgages today do not have an assumable clause.
If your existing mortgage loan does not have an assumable clause there is nothing you can do about taking your name off of the existing mortgage loan. The existing loan will need to be refinanced, or the home will need to be sold to a new buyer in order to remove a name from the responsibility of the existing mortgage.
Existing Mortgage Loan Without an Assumable Clause
In a divorce situation if one of you is keeping the house and the existing mortgage does not have an assumable clause, the former spouse who is keeping the house will need to refinance the home loan in order to remove the one leaving the house from the loan.
If refinancing (because the spouse who is keeping the house cannot qualify on their own to refinance the house) is not possible it is best to sell the house.
Refinancing the house or selling the house is the only way to get both names off of the existing mortgage.
Your Existing Mortgage Loan Does Have an Assumable Clause
If your existing home loan does have an assumable clause and you want to remove a name from the mortgage the person keeping the house must have the ability to qualify for the home loan on their own in order to assume the mortgage on their own, removing the other person from the loan.
VA Loans With An Assumable Clause
Some VA home loans have an assumable clause, but often, the assumable clause states that only another Veteran can assume the mortgage loan and they must also qualify for the loan.
What About a Novation?
Novation (is another word for ‘assumption‘) of the loan substitutes one mortgage contract for another.
First, in a novation the existing loan must be assumable. The new borrower(s) signs the new mortgage documents, and then the person who wants off of the loan is released. Of course, the new person who wants to be on the mortgage must also qualify for the loan.
Quitclaim Deed – Be Very, Very Careful!
One way to remove a person from any legal interest in a house is with the signing of a Quitclaim Deed.
However, signing a Quitclaim Deed does NOT remove the responsibility of or the name from the mortgage, you will still be on the hook for the payment of the house.
Signing a quitclaim deed can place you in a very dangerous position and ruin your credit for decades.
Contact Us - Click Here
What I Do:
I specialize in helping couples who plan to divorce avoid making expensive and long-lasting mistakes with their marital home.
Although my information can help anyone who plans to divorce, it is best suited for those who are not contesting the divorce (too much) and are as amicable as possible.
How Do I Do This?
I do this by helping people completely understand all of their options with the marital home including keeping the home, selling the home, and explaining why house due diligence, updated credit reports, and title searches can be beneficial.
I explain to our clients how their decisions with respect to the home can impact their quality of life for many years to come.
I explain to our clients how they need to prevent credit damage and preserve their ability to buy a home in the future.
With the information I can provide, divorcing couples can make better decisions and perhaps avoid making expensive and long-lasting mistakes.
I can also introduce the couple to other professionals, such as mortgage counselors and title search professionals.
For Attorneys and Mediators - How I Can Assist Your Clients Make the Best Decisions for Them?
In my real estate business, I explain to our client's many details about their joint home purchase and what they should consider regarding the family home before filing for divorce, during the divorce, and their life after the divorce (and how it relates to the marital home.)
The couples who can benefit the most from my services are those who are considering an uncontested divorce and/or who are willing to discuss these matters as amicably as possible.
If the couple has the attitude that they are going to take the other one for all they have we are not a good match.
I Do Not Take Sides
I'm often asked by clients who are heading for divorce 'whose side are you on?' They are usually surprised to hear that I'm on the side of both. I want the couple to make the best choices for both, and make the best decisions for their futures because there is a light at the end of the tunnel. I know, I have been there!
Why Do I Do This?
I do this in the interest of helping my clients protect their credit ratings and to preserve their future homeownership capabilities.
If the couple decides to sell the marital home I hope that the information I shared has been helpful and they will consider me for the listing of the house.
Less Than 1%
Less than 1% of all real estate agents have the Real Estate Collaboration Specialist - Divorce (RCS-D) designation. Agents without this designation could just be guessing how to advise you through this difficult time, we'll give you the facts that only professionals with our specialized training can provide.