Remove name off of mortgage
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Remove name off of mortgage
My husband and I are getting a divorce,
we recently purchased a house in
October of 2016. I would like to remove
my name from the mortgage since I am no
longer living there.
Asked on April 27, 2017 under Family Law, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The fact is that you may not be able to get your name of the of the mortgage; the bank made the loan to the 2 of you based on both of both your incomes and/or credit. You may need your husband to refinance and get a new mortgage. If that's not possible, he can ask the lender to allow what is called a "novation" to remove your name. However, this is only rarely allowed and may not wok in your case since you purchased your houe recently. Anyway, a novation could be accomplished by your husband showing thhe has paid the mortgage for at least the last 6 plus months without youwithout you and has never been late. A novation may also be obtained if he "buys" your release by making a substantial payment to reduce the mortgage balance, which your lender has suggested by the payment of $10,000. Otherwise, I'm afraid that your name will have to stay on the mortgage.Read more: https://ask-a-lawyer.freeadvice.com/law-questions/how-can-i-make-my-ex-wife-55113.htm#ixzz4fjnXMgBY Under Creative Commons License: Attribution Follow us: @FreeAdviceNews on Twitter | freeadvice on Facebook
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.