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Finding out my name is still on previous mortgage after 2 years of divorce...

Question Details: After 2 years of divorce, I was in my bank talking to a banker about a loan. A credit check was done on me. I found out, despite a quit claim deed and being "bought out" by my ex, my name is still on the old mortgage as a joint account with my ex, much to my surprise. Does this mean that legally I can still collect half when the house is sold? Is there a reason my ex would knowingly do this without me knowing? I don't really trust her.

Asked 10/7/2009 under Divorce, Marriage, Alimony | 210 View(s) | More Legal Topics

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Gerard A. Fierro / Gerard A. Fierro and Asscociates, A PLC Answered 2 years ago | Contributor

You were probably already on the mortgage loan during the marriage and did not require that the mortgage be refinanced by your spouse has part of the divorce judgment.  You are not entitled to anything more.  You have to trust that the spouse will make the payments so your credit is not ruined.  You should check to see if the agreement or judgment required spouse to remove your name form the loan.  If so you can try to enforce it, but in this economy many house are unable to be refinanced due to lack of equity.  If there is sufficient equity in the home you should request that you former spouse refinances the home to remove your name.

Gerard A Fierro

fierrofamilylaw.com

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