If I am divorced, how can I get my name offa mortgage that is damaging my credit?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I am divorced, how can I get my name offa mortgage that is damaging my credit?
My ex and I divorced almost 5 years ago. He gave me money for my equity in the house and I signed the deed over to him. He had told me that he needed the deed in his name to refinance the house. He was unable to refinance the house and has been unable to do so. I would like the house out of my name especially since I don’t even know how to contact him and he has been late on at least 4 payments in the past year.
Asked on October 30, 2011 under Real Estate Law, Alabama
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The only way that you can get your name off of a loan secured by a mortgage on a piece of real property owned now by your former spouse is for him to sell the property or refinance it.
Unfortunately, the custom and practice of lenders are that once one signs on as an obligor on a loan, the lender will not voluntarily release that person's name for the loan.
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.