If my ex-wife and I were divorced 6 years ago, is there any way for me to be removed from the mortgage to the house since the divorce decree shows her responsible for it?
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If my ex-wife and I were divorced 6 years ago, is there any way for me to be removed from the mortgage to the house since the divorce decree shows her responsible for it?
She received the house in the settlement and county records show her as the sole owner. The mortgage is still in both of our names and she does not qualify to refinance the mortgage.
Asked on September 14, 2015 under Real Estate Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
This is a fairly common problem with mortgages in divorce actions. The mortgage company is not bound by the decree because they were not a party.
Only you have the right to enforce. Your remedy will depend on what your divorce decree says. If there is not a provision to force her to refinance, then you are going to be stuck on the mortgage with her. If there was a provision that required her to refinance, then you can file a motion to enforce the decree.
Another option is to do what you can to help your wife refinance. It's often cheaper than filing a lawsuit. Basically, see if a relative can buy the house and then owner finance it back to her. This gets it off our credit and puts the burden on her to still keep up the mortgage.
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