Can an ex-spouse refuse to remove the other ex-spouse from a mortgage?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an ex-spouse refuse to remove the other ex-spouse from a mortgage?
My fiance’s ex-wife refuses to remove his name from the mortgage of the house she was awarded in the divorce. Isn’t there some legal way to make her refinance and get his name cleared?
Asked on January 5, 2012 under Family Law, Texas
Answers:
Phyllis E. Rubenstein / self-employed
Answered 12 years ago | Contributor
You need to start by looking at the divorce order. You fiance's ex-wife may have been granted the house, but the order may not require her to refinance the mortgage in her name alone. If your finance was not represented by an attorney in his divorce, this oversight may be the basis to file a motion to re-open the divorce order. If there is a provision about refinancing, your fiance can file a Motion to Enforce the provision.
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.