What are my rights if my ex-soouse refuses to take my name off the house?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if my ex-soouse refuses to take my name off the house?
I am recently divorced. My ex is still unemployed and not seeking a job. She was awarded the house because she refused to give it up and I just wanted closure. I have gone to the lender and had them send her the paperwork to have my name removed. She says it isn’t possible. I want to move on with my life and not tied to the responsibilities of this property. She has been behind on payments and did not let me know. The bank contacted me that there was a fire at the house. There is now an arson investigation. I have to sign all this paperwork and checks not knowing what it is.
Asked on October 28, 2011 under Family Law, Washington
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You need to hire a lawyer. You also need to file a complaint against the lender with the department who oversees or regulates your lender. At the time of the divorce, even if she was awarded the house, there are two issues at play: the mortgage itself (the loan) and the note and the title. If the title is in both of your names, that is one issue. You can always quit claim the property to her name but that would accelerate the loan. If the loan is accelerated and you are one of the mortgagors (borrowers), then you are liable immediately for the whole amount. Now, even if the lender sent her paperwork to refinance the property into her name, you would a) have to agree and b) she would not qualify. If you wish to take the home on the fact she is unemployed, you will need to go back to court and ask the court to approve an amendment to the divorce decree.
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.