How do I get my name off my ex-husbands mortgage?

Asked over 2 years ago - Leominster, MA

I got a divorced a year and a half ago. In the divorce agreement I left my ex the house, but he was to get my name off the mortgage. As of yet he has not. I am unable to get another mortgage due to my name still being on my ex-husband's mortgage.

How can I get my name off his mortgage so I can get on with my life?

Attorney answers (5)

  1. 6

    Lawyers agree

    Answered . You should first look at your separation agreement or judgment from the court and see how long he was given to get this accomplished. The typical way to get someone off a mortgage is to refinance. As my colleague said that can be a difficult task in this economy, but he should be able to show you that he has at least tried. If you think he has the ability to refinance and just won't then you may consider filing a complaint for contempt.

  2. 5

    Lawyers agree

    Answered . This is a difficult situation for you. Many who anticipate it and define the obligation in the decree of divorce are not successful due to the nationwide decrease in housing values. Even if your ex is obligated under the decree of divorce, impossibility is a valid defense.

    Your mortgage creditor will be no help. Only paying off the mortgage or bankruptcy will discharge your obligation on that note. Your ex will be unable to pay off the mortgage unless he is highly creditworthy and the value of the house substantially exceeds the payoff balance. If those factors are present, and your decree of divorce requires refinancing by your ex, that obligation is a court order enforceable through the contempt powers of the court.

    Best wishes for a favorable outcome, 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. 1

    Lawyer agrees

    Answered . This happens more often than you would think. Usually a well-written agreement will specify a firm date when the spouse who gets the marital home has to rerfinance or sell the home. This is the only way to get you off the mortgage. The mortgage lender is not a party to your divorce and has no obligation to change the loan terms. You first need to have your agreement reviewed by a divorce attorney to see if your ex was supposed to refinance or sell by a certain date. If so, and he ignored that, you may ask the court to order the home sold. If your agreement does not say that, your lawyer will have to file some sort of action to force your ex to sell the house or to file in civil court on the basis that he is harming your credit. Good luck

    Steve Coren

    This answer does not consitute legal advice and does not create an attorney-client relationship. The answer is... more
  4. Answered . If a financial institution remortgages the property and he assumes liability.

    There is no other way that I know of .

    Does this answer your question?

    henry lebensbaum, esq.

    300 Brickstone Square, Ste 201

    Andover, Ma 01810

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  5. Answered . It sounds as though your ex-husband has not complied with the terms of your judgment of divorce. You don't mention when he was required to refinance the house but, assuming he is obligated to do so and has not, you will need to file a Complaint for Contempt in court in order to obtain his compliance. If he is in contempt, you may be awarded your attorney's fees and other costs. If he cannot refinance, you may use the opportunity to craft some sort of creative solution to this problem that benefits you both.

    Christopher Vaughn-Martel is a Massachusetts lawyer with the firm of Vaughn-Martel Law in Boston, Massachusetts.... more

Related Topics


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

Buying real estate with a home mortgage

A home mortgage is a loan to buy a home, where the home is the collateral. There are many different types, and the right one for you depends on your situation.

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