Can I take my ex-wife to court to force her to either sell the property we had together or to remodify the loan so my name will be off of it?

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Can I take my ex-wife to court to force her to either sell the property we had together or to remodify the loan so my name will be off of it?

We divorced 3 years ago. The deed is in her name. The loans are in both of our names. One loan is a home equality. The property was never settled in the divorce.

Asked on January 12, 2012 under Real Estate Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you have divorced your wife where the former home that you once occupied is no longer in your name, but in the name of your former wife, but the loan is in both of your names, you will most likely be wasting your money by bringing a legal action against her to have her sell the property or refinance the loan so that your name will no longer be on it.

The court in your state has no jurisdiction to force your wife to do either of the things that you want her to do in the matter you have written about. The best way to get your name off the loan is to work with your former wife to encourage her to refinance the property.


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