How can I get off my ex-wifes mortgage without her refinancing?

Asked over 1 year ago - Port Saint Lucie, FL

My ex-wife and I have been divorced for over 2 years. We filed all paperwork for the divorce without the use of a lawyer. Now I am stuck on her mortgage. She claims that she has tried to refinance and has been turned down. She does not have good credit inorder to file a deed of novation. She is late on payments and is killing my credit. I recently tried to get a small loan on my own and was turned down due to being linked to her mortgage. I need to get off. Please help me with a solution to this problem.

Attorney answers (3)

  1. Heather Morcroft

    Contributor Level 20

    2

    Lawyers agree

    Answered . Either she needs to refinance or the mortgage company needs to agree. However, there is a note associated with the mortgage also, and it is unlikely that the mortgage company will agree. If your ex cannot pay, she may need to sell the house or declare bankruptcy.

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******
  2. Paula Brown Sinclair

    Contributor Level 20

    2

    Lawyers agree

    Answered . It is truly regrettable that you failed to avail yourself of legal advice in connection with the mortgage. You are now waking up to the reality that your options are very limited. Your personal obligation on the mortgage can be discharged in bankruptcy or with satisfaction, meaning payment. Satisfaction might be possible through a short sale, but that maya bring other unwelcome consequences. Your rights may be further limited if your name iis no longer on ther title. For more precise advice with review of your decree and title, consult with an experienced family practitioner in your locale.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.
  3. James W Chandler

    Pro

    Contributor Level 14

    Answered . There should be an indemnification clause in you MSA or Final Judgment, requiring her to refinance, if able to do so. If she is upside down, then most likely she is Unable to do so. Then option B is either to liquidate the home, or declare a Bankruptcy. I think it depended on whether there is any equity in the home, language n the MSA or Final Judgment, etc.

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

26,423 answers this week

2,793 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

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

26,423 answers this week

2,793 attorneys answering