How do i get my wife to sign off on a loan modification that would remove my name from the mortgage?

UPDATED: Jan 14, 2012

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How do i get my wife to sign off on a loan modification that would remove my name from the mortgage?

I have been divorced for at least 2 years now. In the divorce decree, the courts deemed my ex-wife all rights to our home with me having no rights to the home. The documents did not give her a set amount of time to get my name off of the deed and mortgage. I have been asking her for 2 years now to get this out of my name. I have contacted the mortgage company and they were willing to do a modification to the loan to remove my name with the approval of my ex-wife. She refuses to go through a modification and/or refinance to remove my name. She currently has renters living in the home. What do I need to do to pursue getting this out of my name? What type of attorney do I need?

Asked on January 14, 2012 under Family Law, Ohio


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

Answered 11 years ago | Contributor

Any attorney that understands what needs to be done here is fine. Now, is there an agreement in place or is there just a court order regarding the house?  If just a court order then you may need to file a motion for contempt in her failing to have your name removed from the home.  Or to resettle the order giving her a specific time frame in which to do it.  Or asking for a modifiation of the agreement or order (you could run in to a procedural issue hereon time limits) to force her to do so now.  Now, the fact that you have investigated the options and can present the court with one now is a plus.  Good luck.

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