My question is regarding a purchased property

UPDATED: Sep 30, 2022

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My question is regarding a purchased property

In the divorce decree my ex-wife
was given a three-year period to
refinance the house and get it out
of my name that was 6 years ago at
least and she still has done
nothing with it and shows no
intention of ever doing so what
are my legal options.. she has
never missed a payment but this is
directly affecting me from getting
a home of my own as the loan we
used was a VA loan and also with
her owning so much on the house my
debt to income ratio is greatly

Asked on July 18, 2017 under Family Law, Ohio


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Technically your ex is in contempt of the court order directing her to refinance the mortgage. If she has not made a good faith attempt to refinance, the court can impose fines, etc. If she has tried to refinance but has been unable to do so, then until she could try to get a what is called a "novation". This involves asking the lender to remove your name from the mortgage. As a practical matter this is rarely allowed but it is worth a try. A novation could be accomplished by your ex-wife showing that she has paid the mortgage for a period of time and that she is current, has no late payments, and can prove that she was the only one paying the mortgage. if so, the lender may allow your name to be removed. Also, she may be able to obtain a novation if she "buys" your release by making a substantial payment to reduce the outstanding mortgage balance. 

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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