How to remove name from mortgage after divorce

Fiance was court ordered to pay Mortgage, and let ex spouse live in home only. Ex spouse can not afford to live in home ( could not pay utilities), pipes burst last winter, she and children moved out of home. Fiance continues to pay Mortgage. Both names are on deed. The house is in very poor condition but he now has someone that wants to buy the home. Ex spouse doesn't want to sell, wants house to go into foreclosure because she knows this will effect his credit. She has no income except alimony for children. What can he do?

Hi Wanda,

Fiance will not be able to sell the house without his ex-wife's consent because she is still on the property deed. She is one of the legal owners of the property. Is her name on the mortgage as well? If it is, then her credit will also get affected in case the house goes into foreclosure.

He can talk with his ex-wife and settle the matter out-of-court. He can offer her a certain part of the profit made from the sale of the house. In case, she does not want to co-operate, he needs to drag the matter to the court to force a sale of the house. Since she no longer stays in the property, the judge may order a forced sale of the house.

i have a condo before marriage for 7 yrs. when i married i opened up a coffee shop and took out a second mortgage. my husband had to sign a open end deed of trust for the second mortgage in order to get money for the coffee shop. what happens in case of divorce? is he entitled to my condo? he is not on the first/orginal mortgage.

The second mortgage is more a equity loan.

Even though your husband singed it he does nto ahve any ownership on the condo, but he is still laible to pay the loan

Hi robinrrb,

Is your husband's name on the title to the condo? If his name appears on the condo, he does have an ownership right to the property. But if your name is the only name on the title, you're the sole owner of the property. In that case, he cannot claim an interest in the property, even though he signed on the second mortgage documents. However, if you're in a community property state and your husband helps you pay the mortgages on the condo, he can have a certain amount of interest in the property.

>>can i take over the house payments without refinancing?

yes.

did he record the quit claim deed you signed? if he didn't, you're still on title too and the house belongs to you 100% if he did, his will or living trust will tell us who is going to inherit the house. if he didn't have a will or living trust, your children will inherit it.

in my divorce agreement i agreed to give her the house. i didn't sign any quit claim deed or remove my name from the mortgage. i understand that the only way to remove my name would be for my ex wife to refinance or sell the house. she insist that she can't refinance the house and selling is not an option. i stressed to her that my name needs to be removed and these are the only options. can i take her to court and what are my rights if i wanted to get the house back since she does not want to sell or refinance. do i have rights to the house

To Guest,

"in my divorce agreement I agreed to give her the house. I didn't sign any quit claim deed or remove my name from the mortgage."

Since you have signed over the ownership of the house to her, it seems you do not have any rights to the property. But you also say that you didn't sign any quitclaim deed to transfer the house to her, right? I think you should check the property title. If your name is on the title, you can still have ownership rights to the property.

Did the divorce agreement state that she had to refinance the loan in her name within a specific period of time? If it did, you can take her to court and make her refinance. Otherwise, you cannot force her to refinance the loan.

The only papers I signed was the divorce agreement not the ownership. So i'm assuming my name is still on the title of the property. The divorce agreement did not say she had to refinance the loan it just stated that she will get the property. I really want my name off the property/mortgage but that doesn't seem like it will happen according to her. After many attempts I want to know what other options I can go about to either get the house back and sell it myself or whatever it is I need to do because she does not seem cooperative.

I have been paying on my home by myself for a year, am current on all payments, and have a divorce decree showing that I am responsible for the mortgage. My Ex and I both want her name off of the mortgage, has anyone had any luck having Bank of America removing a name from a mortgage after it has been shown that you alone are making all the payments and the ex spouse is willing to sign that they want to be removed as well?

Hi fullofcrap,

If you did not sign over the ownership to her during the divorce, you still seem to have ownership rights to the property. However, if the divorce papers state that she will get the property, not sure how you can still have ownership interest in the property. But in case, your name is on the property title, you can file a partition lawsuit and force a sale of the home. However, suggest you to consult an attorney in this regard as he would be the best person to tell you if a partition lawsuit will work in your situation.

Hi Vulcan,

In such a situation, most lenders would want you to refinance the loan in your name. Do you qualify for a refinance? If you do, then that would be the most effective way of removing your ex from the loan. If the loan is assumable, you can also assume the loan while taking her name off the mortgage. You can also check out if your lender allows a novation. Given the fact that you have been making the payments on your own for a year, the lender might not have a problem in removing her from the loan.

How should one approach this issue? I have a friend whose wife is in agreeance to be removed from his deed/mortgage, but need to know how to do so legally. Any clue?

one can do these things without the assistance of legal counsel, but i think that's foolish. why not suggest to your friend that he get an attorney to work out the details?

Please help. He kept the house and took full responsibility for it in the divorce papers. Judge ok'd this and signed off on the divorce. Problem is, he still hasn't refinanced or done anything to remove my name from the mortgage. Somebody please help me and tell me what to do.
Thanks.