If my now ex-husband and I are co-owners on the mortgage of the house we had bought together, how do I get my name off of this mortgage so that I can move on?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my now ex-husband and I are co-owners on the mortgage of the house we had bought together, how do I get my name off of this mortgage so that I can move on?

He has neglected the mortgage payment a few times since we got divorced. The house is listed for sale but has not yet sold. I am not able to get a bank to consider financing a home for me and our children because of the delinquent history of the house. He claims that he cannot refinance. I’ve contacted the mortgage holding bank and they won’t return my calls.

Asked on July 29, 2015 under Family Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The only ways to get your name off the mortgage are: 

1) Refinance it--i.e. your ex-husband refinances it purely in his name, which is subject to him *and* the bank  both agreeing to do this.

2) Pay off the mortgage.

3) Sell the house.

There is no other way to get off the mortgage. Your financial situation and domestic situation (i.e. the divorce) are both, unfortunately, irrelevant; the bank does not need to take consideration of either, but can insist on the loan being paid off in one way or another, whether that be by you and your ex paying it off, or selling the house and the proceeds of the sale paying it off, or some combination of the two.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption