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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

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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