What to do if my ex-husband wants his name off our joint mortgage on house and give me full responsibility?
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What to do if my ex-husband wants his name off our joint mortgage on house and give me full responsibility?
My ex-husband wants to take his name of the mortgage in exchange for stopping his alimony. He wants to give up all rights and claims on the property as well as responsibilities on the mortgage. Can this be done?
Asked on February 19, 2011 under Family Law, Missouri
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
First, what was your agreement during the divorce as to the property? If the agreement was different from the outcome you now wish then you need to do a modification. As for taking his name off the mortgage, you will have to refinance the mortgage out of his name and in to your alone. The bank does not have to agree to this and you will have to qualify. Will you? Without the alimony? Are you sure that this is a sound idea financially for you? I would speak with an attorney on the matter as soon as you can. You need to look at the whole picture here without being swayed to owning the property outright. Good luck to you.
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