How can I get my name removed from a mortgage that m ex-wife has been late in making payments on?

UPDATED: Sep 30, 2022

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How can I get my name removed from a mortgage that m ex-wife has been late in making payments on?

I divorced over 16 years ago. I quick deeded our house to my ex-wife. We had a verbal agreement that she would refinance the home and remove me from the home loan. We have remarried but my name is still on the loan. How can I get it removed? When she is late in making a payment it affects my credit.

Asked on August 7, 2016 under Family Law, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can only get your name removed if your ex-wife sells the home and pays off the mortgage or else refinances it solely in her name. Your oral (that is the better term than "verbal") agreement with your ex-wife has no bearing on the bank/lender; the lender was not a party to the agreement, and the agreement in no way requires them to remove you from the mortgage. The agreement between you and your ex-wife does not affect the lender's rights.
Futhermore, you cannot legally enforce this agreement against your ex-wife because the statute of limitations, or time within which you *must* file a lawsuit for an oral contract in your state is only three (3) years; afte 16 years, it is too late to file a legal action to enforce the agreement. She can voluntarily choose to follow-through on her agreement, but you cannot compel her to do so.
Under the circumstances you describe--an old, oral agreement between you and your ex-wife--there may be nothing you can do.

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