my ex cosigned our mortgage and wants off it but i dont want to sell or refinance right now. is there any way to get him

Possibly, but unfortunately there usually isn't a simple way to remove someone from a mortgage without the lender's involvement. The first thing to understand is that the mortgage and the deed are two different things. If your ex is a borrower/co-borrower on the mortgage, a divorce agreement or private agreement between the two of you generally doesn't automatically remove his liability to the lender. You can contact the mortgage servicer and ask whether they allow an assumption, release of liability, or borrower substitution. Some loan programs and specific loan documents may allow a remaining borrower to qualify for the loan alone without a full refinance, but this is very loan-specific. If the lender won't approve a release, your options may be limited. You could potentially keep the mortgage as-is while agreeing with your ex that you will make the payments, but that does not necessarily get him legally off the loan. He could remain responsible to the lender if you stop paying. I'd also check whether your ex is actually on the deed, the mortgage/note, or both. If he's on the deed, removing his ownership interest is a separate issue from removing his mortgage liability, and you shouldn't transfer title without understanding the consequences. So before selling or refinancing, I would call the servicer and specifically ask: "Can you release a co-borrower from liability while leaving the existing loan in place?" If they say no, a real estate attorney can review the loan and your divorce/property agreement to see whether there is another legal path. Juan Picos Real Estate Agent JohnHart Real Estate

Possibly, but there usually isn't a simple way to remove someone from a mortgage without the lender's approval. If your ex is a borrower on the mortgage, a divorce agreement or private agreement between the two of you generally does not by itself remove his responsibility to the lender. The lender would typically need to approve a formal release of liability, assumption, or another loan modification that removes him from the obligation. Whether an assumption or release is available depends on your specific mortgage and the lender's policies. Some loans may allow an assumption under certain circumstances, but the lender will generally want to verify that you can qualify on your own. Also keep in mind that **being on the mortgage and being on the deed are two different things**. Removing your ex from title, if applicable, would not necessarily remove him from the mortgage. I'd contact the mortgage servicer and ask specifically whether they offer a **release of liability, loan assumption, or borrower substitution** without refinancing. If none of those are available, refinancing or selling may ultimately be the only practical ways to completely remove him from the loan. Juan Picos Real Estate Agent JohnHart Real Estate

Cody, Alla and Brenda both pointed you at the right phone call, and I want to add the one thing that decides whether that call ends in a yes or a no: do not ask your servicer whether your loan is assumable. On a conventional fixed-rate loan the answer to that question is almost always no, and the conversation stops there. Ask instead whether a transfer to an original co-borrower qualifies as a permitted transfer, and whether they will process a release of liability in connection with it. Those are different questions with different answers. Here is why. Conventional loans mostly are not assumable in the ordinary sense. Fannie Mae only allows a creditworthy stranger to assume adjustable-rate loans and some very old fixed-rate portfolio loans, so if you use the word assumable you will get an accurate no that has nothing to do with your actual situation. But servicers also maintain a separate list of transfers they must permit without calling the loan due, and a transfer of the property to one of the original borrowers is on that list. Freddie Mac's guide names the category directly: an original co-borrower of the transferor under the note, whether or not related to the transferor. Fannie's servicing guide has the equivalent, and both generally require that at least twelve months have passed since the loan closed and that the person keeping the house occupies it. Then the release rides on top of that transfer. Both guides say the same thing: when the departing borrower asks to be released from liability, the servicer reviews the remaining borrower's credit and financial capacity, and if that review passes, it gets documented in a written assumption and release of liability agreement. Fannie states it plainly, that it does not require an exempt transferee to assume the loan except in connection with a release of liability. Read that carefully, because it tells you the real test. You do not have to refinance. You do have to qualify, by yourself, for the loan you are already paying. Alla was right about that and it is the part worth checking before you spend energy on anything else. If your income and credit carry the payment alone, you have a genuine path. If they do not, the servicer will decline and refinancing or selling really are the only options left. That is the honest bar. If your loan is FHA or VA rather than conventional, the path is even more clearly established: FHA: federal regulation requires the lender to release the original borrower once the person staying assumes personal liability, on HUD's own form, the Approval of Purchaser and Release of Seller, form HUD-92210.1. There is also a provision that allows the assumption without a full credit review where the person remaining on title keeps occupying the home and can show they have made the mortgage payments for at least six months before applying. If you have been paying it yourself since the split, ask about that by name. VA: federal statute says the veteran shall be relieved of all further liability where the loan is current and the person assuming has taken on the obligations and qualifies on credit. Worth knowing that getting him released and restoring his VA entitlement are two different things. The release ends his liability. Restoring entitlement is a separate step that requires whoever assumes to also be an eligible veteran. So the sequence I would follow: Call the servicer, not a mortgage broker, and ask first what type of loan you have: conventional, FHA, or VA. That determines which of the above applies. Then use these words: permitted transfer to an original co-borrower, and release of liability. Ask them to send you their package. Put the request in writing. Expect friction, and do not take a front-line no as final. The CFPB published a report in December 2024 noting that some servicers block release-of-liability requests even when a divorce decree requires it. Escalate, and if it goes nowhere, a CFPB complaint is a legitimate next step. Get the release in writing and keep a copy. A verbal "you are all set" is worth nothing to your ex in five years when he goes to buy something. Brenda's point deserves repeating because it is the practical stakes for him: until that release exists, the loan stays on his credit report and any late payment damages him, which is usually why the person in his position starts pushing. If he is asking politely now, it is worth moving before it becomes a legal demand. Two caveats, both honest. I am a real estate professional, not an attorney or a lender. And Alla is right that if there is a court order or separation agreement in the picture, a West Virginia attorney should read it first, because it may already obligate one of you to act on a deadline that overrides whatever the servicer offers. I work in California, in the South Bay and Palos Verdes part of Los Angeles, so I am not the right person to value or list your home. If the servicer says no and selling comes back onto the table, I would be glad to help you find a strong agent in the Beckley area. Either way, I am Zoltan Peresztegi, and you are welcome to come back to this thread and tell me what the servicer said, and I will help you read it. Zoltan

Cody, usually the answer to that question is no. If both names are on the mortgage, your ex generally remains legally responsible until the lender formally releases him. Call the servicers and ask if the loan is assumable or if a release of liability is possible. The lender has to approve it and may require you to qualify for the loan on your own. Otherwise, the usual options are refinancing, selling the property, or paying off the mortgage. I'd start by asking your lender or loan servicer whether your specific loan allows a borrower release without refinancing. You can use a quitclaim deed to remove him from the property title, but he would still be liable for the mortgage in the event you stop making payments. In that case, the lender would still pursue him for the debt, and late payments would still damage his credit. The mortgage will continue to show on his credit report, in case he is trying to buy another property. Brenda Ashby | REALTOR® | JohnHart Real Estate | DRE License # 01700249

Both of you need to agree or the courts can get involved and force a sale that would divide the proceeds. Keith Jean-Pierre Managing Principal The Dapper Agents Real Estate Operations in ALL 50 States

Cody, only the lender can release him, and realistically that means a refinance or an assumption. I know you don't want either right now, so here's the part people get wrong: a quitclaim deed takes his name off the title but leaves him just as liable on the loan. The bank never agreed to it. What I'd do is call the servicer and ask whether your loan is assumable and whether they'll consider a release of liability for a co-borrower after a split. Some loan types allow it, some flatly don't, and only they can tell you which you have. Either route, you'd have to qualify on your income by itself, so run that number before anything else. If a court order or a separation agreement is part of this, let a West Virginia attorney read it first. I'm licensed in California, so a local attorney and a Beckley lender should confirm the specifics. Alla Novytska, Realtor®, JohnHart Real Estate, DRE #02254775