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Q:

Mr. Brown currently holds a 10 yr. mortgage with his spouse. They are legally separated, soon to be divorced. She lives in, makes the mortgage payments and has sole claim to the home per separation agreement. Mr. Brown is wishing his name be removed from the mortgage. What would be the appropriate steps. If in agreeance, can his name simply come off. If not in agreeance, where does he stand?

A:

I do not practice in the area of Family Law, but in the Province of British Columbia it is the lender who must agree to have a borrower's name released from the covenant to pay the mortgage. If Mr. Brown's name is on title to the home, he might agree to sign off if the wife can arrange the lender's release of his covenant to pay the mortgage. If Mr. Brown is not on title, he might try to satisfy the lender that his covenant is no longer necessary because his wife is sufficient security. Otherwise, a court's order might be required.

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