How do I get a judge to order that my name be removed from a mortgage that my ex-wife is responsible for?

Asked about 4 years ago - Carmel, IN

Before our divorce, my wife & I signed a mortgage together.She was the Petitioner.Divorce decree says "Petitioner will be soley responsible for and shall hold Respondent harmless from, the following debts:Provident Funding $152000" (mortgage) I have nothing more in writing from a judge saying that my name shall be removed from the mortgage.I'm concerned that her credit will affect mine & that I'm also legally responsible for this mortgage.She refuses to sign a quit claim to release me.Mortgage co. said without an order from a judge they cannot remove me.What can I do to get my name removed from that mortgage?How do I get this request before a judge?Is there a form or petition I can file to request a judge require her to refinance,sell or in some other way remove my name from that mortgage?

Attorney answers (2)

  1. Martin Osinski

    Contributor Level 10

    Answered . The divorce decree should have provided that your wife shall refinance the residence within a said amount of days to remove your name from the mortgage, or, if she is unable to refinance the residence and remove your name from the mortgage, then the house shall be placed for immediate sale.

    The divorce decree is between you and your ex-wife only. It has nothing to do with the mortgage company. If you are on the mortgage you are responsible for the debt. If you wife defaults, your credit will be affected and your only recourse is to file a motion to have her held in contempt of court and possibly a motion for sale

    You should file a motion to modify the Judgment for Dissolution to contain the above language.

  2. Donald Lamar Cobb

    Contributor Level 14

    Answered . You can go back to court on a contempt motion. The judge can not order the mortgage company to remove you from the mortgage. He can order the house be sold or that after a legitimate attempt your ex is unable to refinance, he could leave you on the mortgage with some type of mortgage payment verification. This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law required.

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