How can I get my name removed from a mortgage following my divorce?
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How can I get my name removed from a mortgage following my divorce?
I have been divorced for 3 1/2 years.It was a quick divorce because I could no longer stand the abuse.Anyway, I didn’t have a lawyer because I could not afford one. I was jobless and I moved in with my daughter who could only afford to have me live with her temporarily.After the divorce, I did not want to be in touch with this man but I still had my items that we split between us only to find out that he was not going to give them to me after all. Finally he tells me that I need to sign a quit claim deed. I didn’t agree with it, so I never signed it. He then got a lawyer and we ended up in court. I told the judge that according to our divorce decree that he agreed to keep the house and remove my name. However, I never knew how exact I needed to be the wording. Unfortunately I didn’t realize that I should have stipulated an amount of time where he would have to either refinance or sell the house in order to remove my name from the house and the mortgage. Instead I ended up in court and the judge told me that I had no choice but to sign this quit claim deed. So I signed it believing that maybe my ex-husband would have my name removed after all. Instead, he modified the loan and kept my name on it. Is there a way that I could have my name removed from this mortgage so that I could move on with my life and purchase my own home?
Asked on February 12, 2017 under Real Estate Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can't force the lender to remove your name, because the lender was not a party to your divorce: that is, it was not part of your marriage, was not part of your divorce, and is not bound any judgments, settlements, etc. in your divorce case.
If you believe that your ex-husband is not honoring the terms of any settlement or court order, you could sue him for breach of the settlement or court order and seek a court order requiring him to refinance in his own name--that would be the only to remove you from the mortgage.
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