My ex-spouse got the house during the divorce. How am I suppose to get the loan off my name?

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My ex-spouse got the house during the divorce. How am I suppose to get the loan off my name?

During the divorce I was unable to obtain an attorney and was told 50/50 on everything. Got a copy of the divorce decree and the only thing I got was what I left with. I am on the bank documents as the Primary owner. How can I get my name off of the bank loan.

Asked on June 7, 2009 under Real Estate Law, Oregon

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

This will depend on the terms of the divorce decree. If your wife got the house but there was no specific requirement to remove you from the mortgage then you may be out of luck. If however, the decree provides that you are removed then you can file a motion to enforce this provision. The other issue is whether or not she has exclusive occupancy of the house which means she can reside there until the youngest is a certain age, usually 18 or 21. In this case, she will not be required to remove your name until that time but this would normally mean that the house is sold and the proceeds split. Unless I know the particulars of the divorce finding by the Judge I cannot give you a specific answer. I suggest that you contact a divorce attorney in your area and review the decree with him/her to get a better perspective.


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