Can I be charged to remove my ex-wife from my mortgage?

UPDATED: Jan 4, 2012

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Can I be charged to remove my ex-wife from my mortgage?

My ex-wife and I divorced over a year ago. In the divorce decree she gave the house to me fully. It’s not worth it for me to refinance it since we had just refinanced it before we divorced. In order to do an assumption my lender wants to charge a fee of over $500 and that’s IF I qualify. Can they do this since in our legally binding divorce decree the house is mine?

Asked on January 4, 2012 under Real Estate Law, Idaho


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The loan concerning the home that you have is completely separate as to how title is to it. If the dissolution decree holds that you are to take title to the home, then your former wife needs to sign a quitclaim to you of all interests in the home and have it recorded with your county recorder's office.

The problem is that she apparently will remain obligated on the loan to the home from what you have written until you either refinance the loan or sell the property. It is up to you if you wish to pay $500 or so to possibly get your former wife off of the loan to your home. The lender is not bound by your divorce decree. Your lender can make the request it did concerning the assumption fee and application.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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