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how did ex husband get name off mortgage without me refinanc

how did ex husband get name off mortgage without me refinancing?...I got the marital home in the divorce. The deed was in both our names. My ex signed over the deed to me so that his name is no longer on it. There was an existing mortgage on the home at time of divorce and still, 11 years later. I was paying the mortgage after the divorce and still am, but I NEVER refinanced it. One day I noticed that his name had been taken off the mortgage and I had been assigned a new mortgage loan number in my name alone. How was this done? And, was it legal for him and the bank to do this without either ever notifying me?? He was the primary signer of the mortgage while we were still married and it was based on his income. I did not work and still do not.

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi scorpiosweb,

It is quite surprising to me as to how your name was removed from the mortgage docs if you have not refinanced the property. In my opinion, you should speak to the lender and your ex and clarify the issue. In a way it is good that your ex's name has been removed from the mortgage doc. Now you will be solely responsible for the property as well as the mortgage.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Were you able to find out how the name was removed from the mortgage without having to refinance?

My situation calls for me to sign over quit claim and have my ex refi but he refuses to. He says I can quit claim but he will not be refinancing. If something happens to him then I could potentially be liable for a property that I don't own and that has been passed on to his children from prior marriage. Isn't this a potential nightmare. What is the worst that could happen in this case? Could son refuse to pay and make me liable?

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vegas_storms's picture
vegas_storms | Joined: September 12, 2008 03:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Wasn't this taken care of in the divorce? If not it may be time to talk to those lawyers again.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

At time of divorce in 2007, we had agreed to share both condo investments equally since we had renters and we could work together to decide when to sell. Since this financial crisis, the renters are gone. We've reduced rent by $1000 and still can't rent out. The carry costs have eaten away all cash I have so he agreed to assume responsibility and forgive any moneys I owe him if I sign [url=http://www.mortgagefit.com/quitclaim-deed.html]quit claim deed[/url]. It's the best thing for me right now because I can't afford to carry my share monthly and I can't take a chance that it will ever be worth more than what we owe the bank and what I've already forked out. I trust that he'll make the payments and do what he says but I don't trust that if something we're to happen to him that his family would see this as a loophole to keep me on the hook. In Florida, can a mediator request a revised decree for the judge to sign? And, if he does sign, will it say that husband has to refi or that bank just has to take my name off? thank you,

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

But did not refi and I was told that I didn't have to. My ex is still on the mortgage as the primary holder. He wants me to get it out of his name but an Assumption won't do it and a Refi is too expensive. Could someone please explain what an Assumption is versus Refi? If it does not remove the primary holder then why is it an option? What value or legal purpose would it serve to do it? Appreciate your responses.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Would I have to qualify for a Refi? My credit score is slowly climbing back up but is still under a choke hold of bad debt related to ex.

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eric1's picture
eric1 | Joined: January 4, 2009 03:52 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Your loan is probably not assumable. Tell your ex-husband that if he pays ALL of the closing costs, then you will refinance. In addition, you have to be sure that your rate will be the same or less.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I paid off a car I co-signed to my ex boyfriend. He did not follow through with making payments, and totally messed up my credit. I haven't seen him or the car since 10-2007--I have left messages for him to meet me so that finalize the paperwork on the car. I want to give him the car and end this ordeal. He is not communicating with me...no surprise. But how do I end my liability in this case? I've paid the damn car off, now how do I can my name off the title if he won't comply? (State of California)

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi iZchristine,

As far as I know, there are forms available for relinquishing the vehicle title. You can contact the DMV of your state and look out for such a form. Once you fill out the form and submit it, you will be able to remove your name from the title of the vehicle.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

No--it's not that easy--I can make a form out--but if he doesn't complete his part and submit it to the CA DMV I'm still liable.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Your best option will be to contact an attorney who will help you in taking the correct step. .

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My ex and i split up our property in the divorce, however, my name remains on the commercial property mortgage, meaning, he never had my name taken off and refinanced or sold the property per our divorce decree. I doubt a bank would let him refi, especially now and its commercial property. Can i sue him for default of the divorce decree? he was supposed to do this within a year after the divorce and now it has been 6 years...

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m.snover92571's picture
m.snover92571 | Joined: February 10, 2009 09:53 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Please contact an attorney to see ur options and to handle this in the proper way. This wasnt handled in the divorce?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I bought a house with my exboyfriend almost three years ago- We know are broken up and I want the house out of my name. We are renting the house now and neither one of us live there - He does not want to sell the house but I don't believe he can re-finance in his own name - Is there any other options or can I go to a court of law and sue to get myself off? Please help -e-mail

[size=9:1d252a8012][color=Red:1d252a8012][Link deleted as per forum rules. Thanks.][/color:1d252a8012][/size:1d252a8012]

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome drdevita,

You can file a partition law suit in the court. Once you file this law suit, the court will order the sale of the property. Once the property is sold off, the mortgage dues will be satisfied first and then the excess money, if any, will be divided between both of you.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Thanks for that information - Do you know how I would go about doing that ??? Do I just go to the courthouse here - where I live and tell them that is what I need to do and then do we sell the house together - ????

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I would like to know how your ex got his name off the mortgage without you refi-ing or assuming the current loan. To assume and get one party off, the other still has to qualify. My ex got the house and the responsibility of the mortgage but as a safety net he was supposed to refi or sell the house. Ha and that is when it was not so bad. You cannot qualify for refi if you will not work and he never really tried to sell it. Now my credit score just took a nose dive because he was 30 days and almost 60 days late paying. I have been trying since Nov 08 to get the mortgage company to give me a release from the promissory note. I cannot get a straight answer from anyone. No matter what the courts rule in your divorce if the "responsible" party defaults they will come to you. I will sign a quit claim when he takes care of business and not before. Of course, he will probably default before then unless he gets some bail out funds. :?:

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi drdevita

You can contact an attorney who will help you in filing the lawsuit. You will have to file the lawsuit in the county where the property is located.

Thanks.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi NA,

As your ex-husband did not [url=http://www.mortgagefit.com/refinance.html]refinance[/url] or sell the property, your credit will take a hit in he defaults since you are the one on the loan, not him. I think you too, should think of filing a partititon lawsuit with the court so the property is sold off by the court to pay off the loan. As long as he is unwilling to refinance or sell, you cannot force him to do so. Thus, intervention of the court seems the only option left.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Did he file Bankruptcy? That would force the lender to put the loan under one name...

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

the bank I deal with will not take my ex husband off the morgage, he even quick morgaged it to me. The bank can not find the orginal note they say. I also signed documents 2 years ago in my name only with banks attorney and now they say I have to refinace the house or he has to die to get him off the morgage what can do here.

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Belinda,

You need to refinance the loan in your name to get your husband's name off the loan. Since your husband's name is on the loan, he is responsible for it. Unless you can show them you have a good income and can afford the payments, they will not remove his name from the mortgage. If the mortgage is assumable, you can assume the responsibility of paying it off. But this will also require you to show income adequate enough to afford the mortgage payments.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

both of cars we own just been paid off, well actualy one has beed given 14K to pay off loan and both my and my husbands name on it, the other one was bought for 3K instead the other loaner we had. all the money came from my inheritance from my granma'. 3.K one has his name on it only and the other both of ours, can i go and get titles put into my name without him as he is not available and i just wanna secure myself

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

If you want to continue to live in the house, it would be to your best advantage to refi the house (no matter the cost) and get it out of your ex's name. Assuming this property was bought before you divorced, it would be communitive property and this could potentially cause a huge legal problem for you. He could force you to sell the property and he can assume half of your profit even if you have been making payments on the house without his help. If his name is no longer on the deed, he will not have any rights to your profit if you do decide to sell at some point. I am assuming that he wants it out of his name and off of his credit, so a judge will look at it as if it is harming his way of living and force you to sell the home. You can roll over the closing cost back into the loan so you will not have to come up with the money out of pocket. This should have been handled within the divorce, however if it wasn't, before he chooses to sell the house, refi while he is still giving you the option.

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savior70's picture
savior70 | Joined: March 25, 2009 05:14 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

To Guest,

[quote:d402d76a9b]3.K one has his name on it only and the other both of ours, can i go and get titles put into my name without him as he is not available and I just wanna secure myself.[/quote:d402d76a9b]

If the car title has only your husband’s name, you can get it changed in your name if he agrees to sign it over to you. But since you say he is not available, you can contact the Department of Motor Vehicles and check out if you can get a new title issued in your name.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I filed Bankruptcy to release my liability and name from my mortgage when my ex decided to not refi the house when I signed the deed over in the divorce...almost two years later I found out my name is still on morgage and he just used my income to receive a loan modification...I have the release of liability from the courts but the lender never filed it ...I am going to prosecute him for fraud...perhaps I will get the house back...

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Jen,

[quote:fb1b875a87]...he just used my income to receive a loan modification[/quote:fb1b875a87]

I'm not sure how he used your income to qualify for the loan modification. This seems to be a fraud and you can take legal action against him.

As you have been discharged from the bankruptcy, you are not responsible for the mortgage. You should check your credit report to see if the loan obligation still appears on it. In case it does, you should dispute it with the credit bureaus.

Does the divorce decree state that your ex needs to refinance the loan in his name within a particular time period? If it does, then he is in contempt of the court and you can sue him for the violation of the court order.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have been divorced for about 6 yrs now and just found out that my ex never took me off the company that we financed the house with - since then he has also filed bankruptcy too and this is has now affected my credit badly - is there any way I can get my name off the papers with the finance company since he got the house?

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi deva,

You won't be able to remove your name from the mortgage unless your ex refinances the loan in his name. You will have to ask your ex to refinance the loan. Again, as he had filed bankruptcy, there's a low chance that he would be able to refinance the loan.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I divorce my husband in 2008, in the divorce I was granted my condo back. I would like to know how do I get his name off the mortgage loan. At this time the bank is allowing me to refinance because the loan is up side down. So is there any other way I can make this happen without refinancing. He is refusing to quick deed it back to me.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have similar situation as Penny. What is an Assumption versus Refi?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi GLEE,

To know what [url=http://www.mortgagefit.com/refinance.html]refinance[/url] is all about, check out the given page:
http://www.mortgagefit.com/refinance.html

To know what simple assumption is all about, check out the given page:
http://www.mortgagefit.com/discuss/simple-assumption.html

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my ex called after 10 years from our divorce and says that he is going to prosecute me for not having his name removed from a 5000.00 loan that we both took out before the divorce. I filed bankruptcy in 2008 and hie namestayed on the debt and he says that now he is unable to refi his house.. can he prosecute me ?

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi debra,

If it was mentioned in your divorce decree that you're liable for the refinancing the debt in order to remove your ex, then he may prosecute you for not doing so.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

We will be getting a divorce this summer. I want to keep the house, I beleave there is a way to get the payment lowered ? He would agree to this.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Mary!

Welcome to forums!

You can refinance your mortgage and take advantage of the lower rates available in the market. This will help you in lowering your payments.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Is this also possible with bad credit. We are waiting to get on the Obhma plan . We don't know if we will get this. Iam very scared of the future. I need to keep the house. Thank you for your help.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Mary,

Even with a bad credit, you can apply for Obama's loan modification program. You should contact your lender and check out if he participates in that program. If yes, then you can apply for a mortgage modification with your lender.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I too am in the same boat. When I finalized my divorce, I was to get HER name off the rental house I NOW live in! But due to the fact she racked up all of my credit cards, I now have HORRIBLE credit and cant re-fi! She is threatening to sue. Can the judge put me under the bridge? Or can there be extenuating circumstances. Like I just lost my job! Because that’s where I am headed. or is there ANY alternative to get her &*^% ss off of the note. She is NOT on the deed and never was! She also lives in one state, and I live in another now. Note to everyone. When the money runs out ….SO DO THEY!

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I am about to divorce my husband we have no children but a house in our names and I would just like my name off the house how do I go about doing that

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sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

It will be the judge's discretion as to what judgment he will give you in case of a refinance. You will have to inform the judge about your situation and ask him to consider your situation and give a judgment in your favor.

To Andrea,

You will have to sign a quitclaim deed in order to remove your name from the property deed.

Take care.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My husband and I split up. We have not filed for divorce. We have both been fair with each other. I got the house, he got the 401. He signed a quitclaim over to me. My daughter and her husband have been living with me and I want them to to take over house with me still on the deed. Can we do this with a refinance or do they have to buy it from me? And does the ex have to be involved with this since he is on the mortgage loan but not on the deed anymore? He lives in another state now and i don't want to bother him with this. Thank you for reply

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi DSM,

Your daughter and her husband can refinance the mortgage in their names in order to get the mortgage transferred to themselves. If their name is mentioned on the property deed, then they won't have to buy the property from you. Your ex won't be involved in this process.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

All of this can be quickly cured. Someone refuses to remove your name from a mortgage. And will not refinance... Sadly you need to get a court order to force them to relinquish the house back to the bank, so sad to bad. Theres nothing nice about this. People can't refinance and if they can't stay up with payments it's destroying your credit anyways. Give the house back and suffer the consequences. Were in this mess right now. we have no options or choices. A refinance would make things way easier on us but our credit is in the toilet and we only have one income. It would get his ex off us and we could stay in our home. But in the end we all get to lose.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

For one be very careful with these so called modifications, they take a long time and in the end can be a huge heart break. Please study all you can about them before you jump in. I have read many cases where people got into nightmares with these.
Also a judge can try and tell someone to refinance but if they have already tried or have poor credit the judgment will be to relinquish the house to the bank. Then a whole other mess begins, until the house sells they want money and you both get to pay. If a person cant buy a house them self then dont buy, its too heart breaking and a financial nightmare.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome melisa,

You're correct! It is not very easy to get a loan modification. Moreover the lender's have a lot of backlog. Thus, it is quite time consuming to get a loan modification and there is no guarantee that you'll qualify for it.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I got the house in the divorce and now my exhusband wants his name off the mortgage. I recently lost my job but am paying the mortgage monthly. Do I have to refinance to get his name off the mortgage - can he be responsible for any of the costs? What if I don't refinance?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Steph,

Unless you refinance the mortgage in your name, you won't be able to remove your ex-husband's name from the mortgage docs. If you don't refinance, then he will remain liable for the mortgage payments.

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Clearly, Steph, while you're out of work you won't be able to refinance the existing mortgage. You need to let him know that (I'm sure you have done that already, of course). Most folk get anxious when they're stuck on a mortgage debt that is supposedly no longer theirs, so if you are able to lock into a new job quickly and subsequently refinance (also quickly), I'm sure your former husband will feel better about you when that transaction takes place than he did for a while beforehand.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

You should have stayed married. It would have been much easier to work on your marriage then to divorce. Whats wrong with folks these days? They don't try to do anything anymore. Everything is throw away. However, quick claim deed or refinance is the way to go on most of these posts. Not sure about the quick claim deed if both parties are not in agreement. Theres always somebody that wants to play hardball. Get God, then get married.

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