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My boyfriends name is still on the mortgage of the house he was made to give his ex wife is that legal?

Fredonia, NY |

A judgement was made that all ownership be given to his ex-wife. But the mortgage was taken out together and his name wasn't removed from it is that legal? We cant get a house because his name is still on it and she was just in default so its really messed up his credit. What can do if anything?

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Filed under: Divorce Credit Real estate
Attorney answers 4


You can move for enforcement of the Judgment of Divorce. However, the court can't require a bank to give the ex a loan... so the solution may be to seek an order that the house be sold.

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The divorce has nothing to do with the bank.

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Hire a real estate lawyer and quitclaim the deed to the former wife.

Good luck.


Bring the Judgment and any Stipulation of Settlement to a local matrimonial attorney for review. It's impossible to determine his options without first reviewing the actual documents.

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