How do I get my name off of the mortgage?

UPDATED: Jun 9, 2011

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How do I get my name off of the mortgage?

I filed for divorce 3 years ago. In the interim my ex was fired and, after the initial deposit, I did not have the money to continue the process. He did sign the papers and I returned them to the lawyer. I thought the divorce would be final if there were no objections. So far nothing has happened. I want to leave the state and wonder how to get my name off of the mortgage and other bills with my name on them? Is it important to do that? I’m terribly confused.

Asked on June 9, 2011 under Family Law, Pennsylvania


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation.  At this point in time there may be nothing that you can do unless you have the cooperation of your spouse and there has been a fully executed agreement as to distribution of property between you.  The only way to remove your name from the mortgage is to refinance it in your spouse's name only or to sell the property all together.  Signing over a deed to your spouse does not relieve you of your obligation to the lender and even if it says so in the distribution agreement.  As for the other bills - I am assuming utilities and credit card agreements - you will need to close the utility accounts (which could cause trouble for you if your spouse is still living there) and pay off the credit cards (again, there is a contract between you and the credit card company and they have every right to go after you even if your agreement says otherwise).  Get legal help.  Good luck. 

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