No, you cannot remove someone from the mortgage without refinancing.
If things are collaborative, you should just each provide a financial disclosure. It should include a listing of all assets (including major physical assets like real estate, cars, etc.), the value as of the date of separation (this date is determined by state law), and the legal owner(s) of each asset.
Most uncontested divorces are finalized within no more than a month after the waiting period. However, the length of time to the final decree depends on the court's schedule—most Georgia judges require a hearing if one or both of the parties isn't represented by an attorney.
Get legal advice. With the divorce, you can sign a quit claim to the property and the ex must refinance to remove your name from the mortgage. Insist on a tight agreement that requires refinancing or a sale of the home so you get part of the equity and freedom from the existing mortgage.
That can happen one of two ways: Get your ex to agree or the Court to order your ex to refinance. A refinance pays off the debt your name was on, and creates a new one that your name is not on. Get the lender to agree to an Assumption and Release.
Key tips Doug shared: 1. Seek professional advice, and avoid relying solely on advice from friends or family members who may not have the necessary expertise. 2. Track your current expenses, and anticipate future expenses related to legal fees, child support, and alimony. 3. Organize all financial documentation.
Successfully Living Together During Divorce Be respectful of the other person's privacy. Decide together how the household will run. Have integrity and honor your word. Get everything in writing. Do not involve the children in the divorce.
Both you and your spouse should continue paying the mortgage and other utility bills throughout the marriage and divorce proceedings, especially if that property could be considered marital or community property.