How can I get my name removed from a mortgage following divorce?

Attorney answers (2)

1. 

   Michael J Corbin

   Faribault Divorce / Separation Lawyer

   Contributor Level 20

   6

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   Answered October 29, 2012 10:57. There is nothing you can do - you've answered your own question. If your soon-to-be-ex cannot obtain a mortgage in his own name, then you're stuck being on the existing mortgage until he can. The bank isn't going to take your name off it, and the divorce court has no authority to make them do so.

   We can be reached at 507.334.0155 (Toll Free: 888.777.5009). Our web address is: www. corbin-law-office.com.... moreWe can be reached at 507.334.0155 (Toll Free: 888.777.5009). Our web address is: www. corbin-law-office.com. Answers on Avvo are not to be considered a response to a specific legal issue in a specific jurisdiction - they are to be considered only general responses to hypothetical scenarios posed by the questioner. For specific legal advice, please consult with a licensed attorney in your jurisdiction. No information contained herein should be construed as a solicitation for business, an offer to perform legal services in any jurisdiction in which the attorneys of Corbin Law Office are not licensed, or the dissemination of legal advice. No creation of an attorney-client relationship should be assumed or implied. We are a debt relief agency. Corbin Law Office helps people file for bankruptcy relief under the bankruptcy code. less

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2. Licensed in FL

   

   Joanna MitchellPro

   Clermont Divorce / Separation Lawyer

   Contributor Level 15

   

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   3

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   Answered October 29, 2012 12:41. Occasionally, a bank will agree to remove one party's name for a fee, but that is very rare and completely up to the lending institution. Most likely, the only way to remove your name from the mortgage is to either sell or refinance the house. And, it is advisable to NOT sign the Quit Claim until such time as your name is being removed from the mortgage. Otherwise, you could still end up responsible for the mortgage, but have no interest in the actual real estate.

   Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This... morePlease note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements. less

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