How can I get my name off of my ex-husband's mortgage after signing at quit claim deed and giving him the residence?

Asked over 1 year ago - Rice Lake, WI

Our divorce has been final for over 2 years now and he was awarded our residence along with all financial responsibilities. He has stopped paying on the house multiple times, but then has gotten caught back up on the mortgage payments. He knows that the bank will not release my name until he has made 18 months of on-time payments; therefore he continues to fall behind to punish me so I cannot get my name released or purchase my own home.

I am desperate to get my name off of this mortgage and my ex is "holding me hostage" by purposely falling behind every few months. Is there anything I can do?

Thank you for your time

Attorney answers (3)

  1. Frank M. Cappozzo

    Contributor Level 10

    Answered . The terms of your Judgment of Divorce should have included a time frame within which your ex should refinance the house or list the property for sale. Review your Judgment for the specific language contained in the paragraph dealing with the homestead and you should find the options available to you. In any event, you should discuss the specific facts of your case with a knowledgeable family law attorney in your county.

  2. Michael T Millar

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . I am not a WI attorney, laws vary from state to state, therefore you should always consult a local attorney.

    This is really a family law question. You may have to go back to the family law court and ask for a modification to your judgment of divorce requiring your ex to re-finance within a set period of time or he must list the home for sale.

    As a matter of real estate law, your name cannot be removed from the mortgage unless the bank consents to it or if their is a refinancing.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more
  3. Janet Spiro Martin

    Pro

    Contributor Level 14

    Answered . You can get a court order to sell the home, if he is not in compliance with the divorce agreement. Otherwise, you are in a not so good position. Might have to just sue him yourself, or try asking the lender what are your options.

    The foregoing is for informational purposes only and may not be relied on as attorney-client advice.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,794 answers this week

3,305 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,794 answers this week

3,305 attorneys answering