How do I get my name taken off the mortgage on the marital home?

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How do I get my name taken off the mortgage on the marital home?

The divorce has been final almost 14 years. My ex-wife was supposed to have the marital home refinanced out of my name within 2 years of the divorce. It’s now been nearly 14 years and she’s made no attempt to get my name off of it. She is hurting my credit score by making the payments late each month. She doesn’t even live in the house. It is sitting vacant. She refuses to sell it and get me off the loan. It is an FHA mortgage.

Asked on June 20, 2016 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You have to sue your ex-wife to enforce the terms of the judgment, settlement, or decree ordering her to refinance the home. Your only recourse is to get a court order forcing her to do this, or least get a judgment giving you some compensation for her failure to honor her obligations. The bank has no obligation to let you off the mortgage unless the loan is properly refinanced; the bank, after all, was not a party to your divorce and therefore is not bound by what was decided or agreed to between your ex-wife and you. Your ex-wife is the only person bound by what happened in the divorce and who is liable for her breach of the obligations arising therefrom.


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