How do you remove someone from a mortgage? There are three main ways: refinance into a new loan in your name alone, sell the home and pay off the loan, or assume the existing loan and ask the servicer for a release of liability for the other borrower. Signing a quitclaim deed or getting a divorce decree does not, by itself, take anyone off the loan.
The good news after a divorce or death: Fannie Mae says that in these protected transfers, refinancing may not be necessary. You can keep paying the existing loan, or assume it and request a release, as long as you qualify with the servicer. With 30-year rates at 7.11% in Freddie Mac's Nov. 12, 2026 survey, keeping an older, lower rate can matter a lot.
Data note: Guidance is from Fannie Mae's homeowner page on changing or transferring ownership, the CFPB's Issue Spotlight on successor homeowners after divorce or death, and the Garn-St Germain Act (12 U.S.C. 1701j-3). Rates are from Freddie Mac's Primary Mortgage Market Survey, Nov. 12, 2026. Read November 13, 2026.
Your Three Options at a Glance
- Refinance: a new loan in the remaining borrower's name pays off the old one. Requires full approval, closing costs and today's rate
- Sell: proceeds pay off the loan; everyone is released when it closes
- Assume + release of liability: the remaining borrower takes over the existing loan, often at the same rate and term, and the servicer releases the other borrower after a financial and credit evaluation
Option 1: Refinancing
Refinancing is the most familiar route and works for any loan type. Fannie Mae notes the downsides: an application and approval process, fees, and possibly a higher rate and payment depending on the market. If the old loan's rate is below today's 7.11% average, compare the monthly difference before you commit. And if you need to buy out an ex-spouse's equity, a cash-out refinance may be part of the plan.
Option 2: Assumption and Release of Liability
Who can use it: Fannie Mae lists protected transfers where the new owner can keep the existing loan without immediate repayment:
- Death: a relative of the borrower inherits
- Immediate family: the borrower's spouse or children become owners
- Divorce or legal separation: the property goes to the former spouse
- Trust: a transfer into a living trust where the borrower remains a beneficiary
Loan type matters:
- Conventional fixed-rate loans can generally be assumed only in these special situations, per Fannie Mae
- ARMs and FHA, VA and USDA loans don't carry the same restrictions. See our assumable mortgage guide
How it works:
- Contact the servicer and ask for its assumption and release-of-liability process in writing
- Provide your divorce decree or death certificate, recorded deed, income and asset documents
- Expect underwriting: Fannie Mae says the existing borrower generally won't be released unless the new borrower qualifies to take over the payments
- Assumption fees are typically lower than refinancing costs, according to Fannie Mae
Federal protection: for homes with fewer than five units, the Garn-St Germain Act bars lenders from calling the loan due when a divorce decree or property settlement makes the borrower's spouse an owner.
What the CFPB Found
The CFPB's Issue Spotlight on successor homeowners reports complaints of:
- Delays of months or even years processing assumptions
- Repeated requests for the same documents
- Servicers pushing refinances at higher rates instead of processing assumptions
- Homeowners at risk of violating divorce decrees that require a release
Your rights: once your ownership is confirmed, the CFPB says successors can make payments, get loan information and be evaluated for foreclosure help without first assuming or refinancing. Keep copies of everything and put requests in writing.
Arizona Considerations
- Community property: Arizona is a community property state, which shapes how a divorce divides a home. See is Arizona a community property state
- Title vs. loan: a quitclaim deed moves ownership, not debt
- Get advice: a family-law attorney and your lender should review any decree language about refinancing or release deadlines
“After a divorce, the person keeping the house often assumes refinancing is the only path, and in today's rate environment that can feel like a penalty. I always suggest calling the servicer about an assumption first. If the home ultimately needs to sell, I'll help both parties understand their numbers clearly and handle the sale with care.”
— Elizabeth Vijan, Tackett Team, eXp Realty
Frequently Asked Questions
Can you remove someone from a mortgage without refinancing?
Often, after divorce or death: assume the loan and request a release of liability, subject to qualifying.
Does a quitclaim deed remove someone from a mortgage?
No. It changes title only; the debt stays until refinance, payoff or release.
Does a divorce decree remove my ex-spouse from the mortgage?
No. The lender must approve a release, usually through an assumption or refinance.
Can the lender call the loan due if my ex-spouse transfers the house to me?
Not for most homes: Garn-St Germain protects divorce-related transfers to a spouse on properties with fewer than five units.
Need to Sell or Keep the House After a Life Change?
I'll give you an honest value, walk through your options and coordinate with your attorney and lender, discreetly.
Elizabeth Vijan | Tackett Team, eXp Realty
Phoenix & Scottsdale Real Estate
Talk With Elizabeth · Call or text 602-885-7752
Sources: Fannie Mae: Changing or transferring ownership of a home · CFPB: Homeowners face problems with mortgage companies after divorce or death · Garn-St Germain Act, 12 U.S.C. 1701j-3 (Cornell LII) · Freddie Mac Primary Mortgage Market Survey
Disclaimer: General information, not legal, lending or tax advice. Consult an Arizona attorney and your mortgage servicer about your situation. Information deemed reliable but not guaranteed. Equal Housing Opportunity.
Tackett Team, eXp Realty · Get in touch