i have been divorced for 3 years. at the time i was married, my husband and i did a joint line of credit mortgage loan and he hasnt filed taxes in 3 years. he says he cant take my name off of loan but my name isnt even on a deed of a home. what can i do?
I'm afraid not much. There are really only 2 ways to get your name off a loan: 1) refinance the loan without your name, with him on his own or with another co-signor, or 2) paying off the loan.
Lenders don't care if you're married, divorced, friends doing a favor, or total strangers, all they care about is having as many credito-worthy borrowers on the hook for repayment as possible.
If this mortgage was involved in your divorce and he was ordered to refinance the property by your family court judge, you may be able to go back to the family court, but the problem is that not even the judge can make a bank accept your ex's credit in a refinance.
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The short answer is, the only way to get your name off of the mortgage obligation is for home to be refinanced. It doesn't sound like this was dealt with in your divorce decree. It should have been.
However, even if it had been in the decree & the exact same circumstances would have arisen there still would not be a lot of good options.
If you have any credit problems, or debt that is causing you problems, you may want to consult with a bankruptcy attorney. If you were to file bankruptcy, that removes your obligation to pay anything for the home regardless of what your ex-husband does.
These are tough problems, without great, clear cut answers.
Best of luck to you, Jeff
You are unlikely to do it unless there is a refinance.
Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.
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