Arnold, CA Divorce Law Firms & Lawyers

To remove someone's responsibility for a loan, you will need to refinance the loan. That problem arises as to whether or not the other party has the ability to qualify for the loan alone and that decision is at the sole discretion of the lender. You can remove the individual from the deed by simply asking that person to sign a deed or file a motion with the court as part of a family law dissolution/legal separation action. If not within the context of a family law case, then his lack of contribution to the loan is not a sufficient basis to require his name to be removed as an owner of that property. Further details may provide a different response so a consultation with an attorney is always recommended before taking action on the response herein as a limited forum to set forth all rights and liabilities associated with an asset.

You do not lose and property rights by moving out of the house. Most divorces involve one party or the other moving because of conflict between the parties. I suggest you hire a lawyer.