How doI get my name removed from a previous mortgage loan?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How doI get my name removed from a previous mortgage loan?
I have a home loan from a previous marriage. However in the divorce decree it states that I was to sign over all payments and the house to my ex-husband. I am still on the loan. Is there any way to get off of the loan so that I can purchase a house with my new husband?
Asked on March 8, 2011 under Real Estate Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
This happens so often in a divorce where one party gets the house but the other party can not seem to be free of it. The problem is that your lender from the old house is not a party to the contract - your divorce, that is - and is not bound by the agreement. The only way to get your name off of the loan is to have your ex refinance it in his name alone. I am hoping that your agreement also states that your ex is to refinance the property and that he just has not complied with the agreement. Is that correct? then you need to go to court to enforce the agreement and force him to do it. Good luck.
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.