Divorced, 3 children, wife got house, i need to buy a house, I’m still on loan but taken of title by attorney advice. Can I get that debt off my file

California – Divorced after 3 years of battling Ex. Housing prices dropped. She couldn’t refinance house on her own. Attorney told me i had to stay on loan cuz of our kids. I pay full child support and Alimony. Wife only works part time. Attorney quick deeded title to my ex. advising me this was ok cuz an attorney’s letter with MSA would show I’m not financially responsible for home. However, I’m trying to get a home and mortgage broker said I can’t cuz my ex’s loan stays with me until she refinances AND now I’m not on title of home which I’m told is not good. What can I do?

Asked on June 16, 2009 under Family Law, California


Oksana Van Rooy, Attorney at Law / Law Offices of Oksana Van Rooy

Answered 11 years ago | Contributor

Unfortunately, there is probably nothing you can do, unless your wife refinances the house. Technically, the current lender can go against you if your wife does not pay the mortgage (you, in turn, can go against your ex for all amounts you pay instead of her, but this is a different story.)

Try contacting the lender for the house and requesting that they take your name off the mortgage (however, I doubt that they will) or just find another lender for your new house. There should be some lenders who would give you a loan for the new property and disregard the fact that you are formally still obligated for another loan.

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