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I am divorce. How do I take myself off of the joint mortgage loan with my x-wife?

how do i get my name off a joint mortgage

Posted August 26, 2015 11:41am

Leonard Roy BoyerEdward Ian Hecht

Posted August 26, 2015 12:47pm

I agree with the other attorneys--check to see if there's "what if she doesn't refinance or otherwise get your name off the mortgage" language in the divorce papers. If so, hire counsel to take the appropriate action. could be a motion to enforce, or could be a contempt.

As for the actual process, taking your name off usually means she has to qualify for the mortgage based on her own income. Sometimes that requires a total refinancing process, or some lenders will just charge an administrative fee to verify her credit worthiness and ability to repay, and then will remove you if she can afford the loan on her own. If that's not possible, then you may need to file a motion to

ask the judge to order the home sold. It's been 5 years, that's reasonable.

Either way you go, you'll need a great attorney to make sure it gets done correctly on the first go.

-Attorney Ed Hecht

This answer is not intended to provide you with specific legal advice regarding your particular situation, and NO attorney-client relationship is created through this answer, that will only be created by meeting with an attorney and signing an attorney-client agreement. The intent of the answers posted on this forum is only to provide very general information. You should be aware that you cannot rely on this answer to provide you with any protection against tax penalties or any other consequences. You should always consult with an attorney in a live session (in person or by phone, if the attorney agrees) in order to obtain legal advice.

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