How can I get my ex-husband’s name of off the mortgage?

UPDATED: Jul 27, 2011

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How can I get my ex-husband’s name of off the mortgage?

I am the party responsible in the divorce decree for the mortgage payment. I have been doing so for 6 years, yet the company refuses to drop my ex-husband’s name off of the mortgage. Ihave sent certified letters, countless phone calls and no cooperation. i receive no receipts for my payments nor a balance it is sent to my ex-husband at his new residence. What can I do to resolve this matter?

Asked on July 27, 2011 Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The only ways to get your former husband's name off the mortgage to the home you have that you are making payments on under a divorce decree are: 1. mortgage company voluntarily takes him off the loan. This is not happening, 2. refinance the loan where you retire the existing loan in your and ex-husband's name and get a new one in your name.

The last option is to sell the home where the mortgage would be retired. This is not an option if you still want to keep the house.

Unless you can get a new loan for the home, it seems that your husband's name will remain on the mortgage unfortunately.

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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