If after a divorce my ex does not refinance the mortgage to take my name off, will I still be legally responsible?

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If after a divorce my ex does not refinance the mortgage to take my name off, will I still be legally responsible?

I am the only name on the mortgage.

Asked on February 28, 2012 under Family Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are still legally responsible on that mortgage loan until such time he takes and if he can take your name off of that loan. That means that no matter what you do with the title, if your name is still on the loan and your ex-spouse cannot refinance for some reason, then you are still on the hook. You should consider amending the divorce decree by filing a motion in court to seek the home be awarded to you or see if a contempt motion would help. Try contacting the lender and explain what is happening and see if the lender would be willing to cooperate based on the court order.


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