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

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.

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Attorney answers 3


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. ******



Would I have to force her to sell?

Heather Morcroft

Heather Morcroft


As Attorney Sinclair mentions your options depend on a number of things, including how the house is titled, what your divorce judgment says, and your financial situation which could limit your options for discharging your debt in bankruptcy. You need to consult with an attorney and review the entire situation.


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.


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.

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