Can I get out of a mortgage on a house that was awarded to my late ex-husband?

My ex was awarded the home. We were both co-signers and he was to refinance. He passed away before he refinanced. I don’t want the home. Can I get out of the home? No estate was done; he had a Will.

Asked on September 28, 2018 under Family Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, you can't out of the loan/mortgage. The mortgage was a contract between you and your ex on the one side and the lender on the other. A person can only get out of their contractual obligation--so your obligation to pay the mortgage--with the consent of all parties: that is, the bank would have to agree to let you out of the mortgage, and it is difficult to see why they would do that, since it leaves them without a person who has to pay and whom they could sue for the money.
Your divorce and the award to the house to your ex or his obligation to refinance is irrelevant: the bank was not part of your marriage, not part of your divorce, and is not subject to or bound by the divorce. You, unfortunately though, remain bound by the mortgage.


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