--- title: How Do I Get My Spouse Off the Mortgage Without Refinancing? description: Can you get your spouse off the mortgage without refinancing? It depends on the loan and the servicer. Here is what to ask and how to protect yourself. image: https://www.tamiwollensak.com/hubfs/How%20do%20I%20get%20my%20spouse%20off%20the%20mortgage.png --- [![tw-naf-logo\_alt](https://www.tamiwollensak.com/hs-fs/hubfs/TW%20website,%202024/assets/tw-naf-logo_alt.png?width=164&height=120&name=tw-naf-logo_alt.png "tw-naf-logo_alt")](https://www.tamiwollensak.com/) [![tw-naf-logo\_alt](https://www.tamiwollensak.com/hs-fs/hubfs/TW%20website,%202024/assets/tw-naf-logo_alt.png?width=96&height=70&name=tw-naf-logo_alt.png "tw-naf-logo_alt")](https://www.tamiwollensak.com/) - [Divorce Mortgage](https://www.tamiwollensak.com/divorce-mortgage) - [FAQs](https://www.tamiwollensak.com/faqs) - [About](https://www.tamiwollensak.com/about) - [Blog & Podcasts](https://www.tamiwollensak.com/blogs) - [Blog](https://www.tamiwollensak.com/blogs) - [Podcasts](https://www.tamiwollensak.com/podcasts) - [Contact](https://www.tamiwollensak.com/contact) [Book a call](https://www.tamiwollensak.com/book-a-meeting) [Follow me on IG](https://www.instagram.com/tami_wollensak/) - [Divorce Mortgage](https://www.tamiwollensak.com/divorce-mortgage) - [FAQs](https://www.tamiwollensak.com/faqs) - [About](https://www.tamiwollensak.com/about) - [Blog & Podcasts](https://www.tamiwollensak.com/blogs) - [Blog](https://www.tamiwollensak.com/blogs) - [Podcasts](https://www.tamiwollensak.com/podcasts) - [Contact](https://www.tamiwollensak.com/contact) [Book a call](https://www.tamiwollensak.com/book-a-meeting) [Follow me on IG](https://www.instagram.com/tami_wollensak/) [Divorce Mortgage](https://www.tamiwollensak.com/blogs/tag/divorce-mortgage) [Keep the House](https://www.tamiwollensak.com/blogs/tag/keep-the-house) [Mortgage Assumption](https://www.tamiwollensak.com/blogs/tag/mortgage-assumption) [Loan Assumption](https://www.tamiwollensak.com/blogs/tag/loan-assumption) [Mortgage Servicer](https://www.tamiwollensak.com/blogs/tag/mortgage-servicer) [Divorce and the house](https://www.tamiwollensak.com/blogs/tag/divorce-and-the-house) # How Do I Get My Spouse Off the Mortgage Without Refinancing? [Tami Wollensak](https://www.tamiwollensak.com/blogs/author/tami-wollensak) Oct 29, 2026, 12:04:02 PM 3 min read ![Paper-cut house with a coral thread being untied, representing taking over a divorce mortgage.](https://www.tamiwollensak.com/hubfs/How%20do%20I%20get%20my%20spouse%20off%20the%20mortgage.png) The short answer is maybe. A lot of divorcing homeowners want to keep the mortgage they already have, usually because the rate is one they could never get today. The way to do that is a loan assumption, where one spouse takes over the existing loan and the other is released from it. Whether that is possible depends on the loan and, even more, on the servicer. ## Which loans can be assumed? FHA, VA, and USDA loans are generally assumable, but they are assumed "as qualified." The servicer will want to see that the spouse keeping the home can support the payment on their own. Conventional loans owned by Fannie Mae or Freddie Mac can potentially be assumed incident to divorce, but the servicer sets the parameters. ## The servicer decides, not your lender An assumption is handled by the servicing department of whoever currently services your loan. I can't close one, and neither can any other lender. Only your current servicer can approve it. That is where it gets frustrating. One client recently started her divorce with one servicer, who told her the loan could not be assumed. Her loan was then sold to a new servicer partway through the divorce, and the new servicer told her it could be. Same loan, same divorce, two different answers. Then she hit the next wall. She asked for something in writing confirming the loan was assumable, and asked for a prequalification to see if she would meet the guidelines. Neither was available. Servicers don't prequalify or preapprove assumptions, and they won't put approval in writing ahead of time. You find out if you qualify only after you submit a formal assumption application, and they typically won't start processing that until the divorce is final, because they need to see the agreements in your settlement. So you may be asked to sign a settlement before you know whether the plan will work. Yes, the process is broken. ## What does an assumption cost? Assumption costs are paid out of pocket. They aren't rolled into the loan, so you need to plan for cash at closing. Depending on the servicer, costs can include a processing fee, document preparation, a credit report, title work, notary fees, and county recording fees. Servicers usually give only a general range up front, and the real numbers don't get confirmed until you're further into the process. That matters when you're building a settlement. If you're already stretching to fund a buyout, assumption costs are one more amount of cash you'll need on hand, so ask your servicer what to expect early. ## How to protect yourself - **Write a Plan B into the settlement agreement.** For example, if the assumption isn't approved by a set date, the house is listed for sale or refinanced by a firm deadline. - **Ask your servicer for a timeline** of how long an assumption usually takes, then build that timeline into the agreement with some cushion so you don't miss a court-ordered deadline. - **Ask what the assumption will cost and budget for it.** These fees come out of pocket, so factor them into the settlement and your cash needs. - **Run a refinance scenario alongside the assumption** so you know your options either way. - **Ask your servicer again close to your decision.** As my client learned, the answer can change. ## Is keeping the low rate always the right move? Not necessarily. I've talked with more than 1,000 people who want to keep their loan because of the rate, and it isn't always the best financial decision. It depends on what you give up to get it. Here's an example I see often. Say a couple owes $200,000 on the mortgage, and the spouse keeping the home owes the other spouse a $300,000 buyout. An assumption takes over the $200,000 loan, but it doesn't put any cash in your hands. So the $300,000 has to come from somewhere else, and for most people that means their retirement accounts or other savings. On paper they kept the house and the low rate. In real life they may have traded away most of their retirement to do it, and now carry a house payment on their own income. A refinance can look very different, because it can pull equity out of the home to fund the buyout instead of draining retirement. The new rate may be higher, but the full picture can still come out ahead. A low rate is only one number. Before you build a settlement around keeping the loan, ask: - What am I giving up to keep the house, and could I rebuild it? - Can I carry the payment, taxes, insurance, and upkeep on my income alone, and still save for retirement? - Compared side by side, which path leaves me in the stronger position, the assumption or a refinance? If you're trying to figure out your options, I offer a free 15-minute call to talk through your situation: [https://calendly.com/tamiwollensak/15-minute-meeting-divorce](https://calendly.com/tamiwollensak/15-minute-meeting-divorce) #### Don't forget to share this post! [mailto:example@example.com](mailto:example@example.com) ##### Tami Wollensak [More by author](https://www.tamiwollensak.com/blogs/author/tami-wollensak) ## Related posts [Divorce Mortgage](https://www.tamiwollensak.com/blogs/tag/divorce-mortgage) [Divorce Planning](https://www.tamiwollensak.com/blogs/tag/divorce-planning) ### The Benefits of divorce mortgage planning May 26, 2023, 1:37:22 AM Tami Wollensak [Divorce Mortgage](https://www.tamiwollensak.com/blogs/tag/divorce-mortgage) [Keep the House](https://www.tamiwollensak.com/blogs/tag/keep-the-house) [Mortgage Assumption](https://www.tamiwollensak.com/blogs/tag/mortgage-assumption) [Divorce Buyout](https://www.tamiwollensak.com/blogs/tag/divorce-buyout) [Interest Rates](https://www.tamiwollensak.com/blogs/tag/interest-rates) ### Can I Keep My Low Interest Rate in a Divorce? Oct 22, 2026, 11:23:38 AM Tami Wollensak [Divorce Mortgage](https://www.tamiwollensak.com/blogs/tag/divorce-mortgage) [Divorce Team](https://www.tamiwollensak.com/blogs/tag/divorce-team) ### Divorce is Complicated - With the Right Support your Mortgage Choices shouldn’t be Jun 6, 2023, 8:53:11 AM Tami Wollensak ![tw-naf-footer-logo](https://www.tamiwollensak.com/hs-fs/hubfs/TW%20website,%202024/assets/tw-naf-footer-logo.png?width=164&height=120&name=tw-naf-footer-logo.png) Divorce mortgage solution that helps divorcing homeowners with home equity division, mortgage financing, legal collaboration, and personalized solutions. - - Divorce Mortgage - [Learn how it works](https://www.tamiwollensak.com/divorce-mortgage) Support - [Book a call](https://www.tamiwollensak.com/book-a-meeting) - [Contact](https://www.tamiwollensak.com/contact) About - [About Tami](https://www.tamiwollensak.com/about) - [Blog](https://www.tamiwollensak.com/blogs) - [Podcast](https://www.tamiwollensak.com/podcasts) - [Resources](https://www.tamiwollensak.com/resources) ![naf-footer-logo](https://www.tamiwollensak.com/hs-fs/hubfs/TW%20website,%202024/assets/naf-footer-logo.png?width=300&height=100&name=naf-footer-logo.png) Licensed by the Department of Financial and Professional Regulation, Mortgage Banking Division, 100 West Randolph, 9th Floor, Chicago, IL 60601, (888) 473-4858 NMLS #1963450. For licensing information, go to: [www.nmlsconsumeraccess.org](http://www.nmlsconsumeraccess.org) New American Funding NMLS #6606 If you are using a screen reader or other auxiliary aid and are having problems using this website, please call 800-450-2010 Ext. 7100 for assistance. This site is not authorized by the New York State Department of Financial Services. No mortgage solicitation activity or loan applications for properties located in the State of New York can be facilitated through this site.  Texas licensed location: 6504 International Pkwy, Suite 1300, Plano, TX 75093; Licensed by the Department of Financial and Professional Regulation, Mortgage Banking Division, 100 West Randolph, 9th Floor, Chicago, IL 60601, (888) 473-4858 [Terms of Use](https://www.newamericanfunding.com/legal/terms-of-use-website/) [Privacy Policy](https://www.newamericanfunding.com/legal/privacy-policy/) [Cookie Policy](https://www.newamericanfunding.com/legal/cookie-policy/) [Affiliated Business Disclosure](https://www.newamericanfunding.com/legal/partners/) [Advertising Disclosures](https://www.newamericanfunding.com/legal/advertising-disclosures/) [California Collection Notice](https://www.newamericanfunding.com/legal/privacy-policy/#CAnotice)             © 2026 New American Funding, LLC. All Rights Reserved. ```json { "@context" : "https://schema.org", "@type" : "BlogPosting", "author" : { "@type" : "Person", "name" : "Tami Wollensak", "url" : "https://www.tamiwollensak.com/blogs/author/tami-wollensak" }, "dateModified" : "2026-10-29T17:04:02.127Z", "datePublished" : "2026-10-29T17:04:02.000Z", "headline" : "How Do I Get My Spouse Off the Mortgage Without Refinancing?", "image" : [ "https://www.tamiwollensak.com/hubfs/How%20do%20I%20get%20my%20spouse%20off%20the%20mortgage.png" ], "mainEntityOfPage" : { "@id" : "https://www.tamiwollensak.com/blogs/how-do-i-get-my-spouse-off-the-mortgage-without-refinancing", "@type" : "WebPage" }, "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject" }, "name" : "Tami Wollensak, CDLP" } } ```