Name is on the title but not on the mortgage, what are my rights?

UPDATED: Oct 1, 2022

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Name is on the title but not on the mortgage, what are my rights?

After a bad divorce, somehow my name is on the title but not on the mortgage.
That works for me but there is also an equity loan attached to house with my name
on it. Is there anyway to force her to remove my name from both? Thank you.

Asked on February 7, 2018 under Real Estate Law, Idaho


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Did you have a Stipulation of Settlement that settleed ths distribution of marital assets?  That governs wehat your rights are here.  If she got the house there should have provisions about removing your name and the loan (refinancing is generally what occurs).  Please take the document to a lawyer to review and advise you how to proceed.  You make need to bring an action.  Good luck.

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