this is really two questions in one: first, who is on the deed? Second, who is on the mortgage? So the answer depends on which scenario you have. First scenario: you and the ex are on the deed, but NOT on the mortgage together. Solution: your ex simply fills out a quick claim deed and deeds the property over to you. Second scenario, you are both on the deed AND on the mortgage. Simple: you put the existing deed into an a trust, making you the beneficiary. The trustee holds title for the benefit of the grantor (in this case, the grantor is also the "beneficiary"). If you place title to your property into a land trust, you have not violated the due-on-sale (so long as there is no change in occupancy) Then, you mortgage assign the trust. In other words, one party act as the seller, and the other the "buyer", but the deed is transferred into a trust first, and it's the trust that changes hands, and then the underlying financing has not had the dreaded "due on sale" clause invoked.
Here's a link explaining it for investors, but it applies to you, for different reason, the due on sale clause
http://reiclub.com/articles/no-due-on-sale-jail and also http://noteinvestor.com/tag/avoid-due-on-sale-clause/
Essentially, you need the mortgage obligation transferred above and beyond the deed obligation.
You can call your lender and ask them if there is a quick claim deed in place, and a divorce, will they release the other party from the mortgage obligation.... more