How do I get my name off of my ex-husband’s mortgage?

Got a divorce 1 1/2 years ago. Divorce agreement says he has to take my name off of mortgage. Not done as of yet. I am unable to get my own mortgage due to my name on his. He has ruined my credit due to this.

Asked on August 13, 2012 under Family Law, Massachusetts


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

This is probably one of the most common issues that arise after divorce.  If he was supposed to do as you say pursuant to your written agreement that was incorporated in the order of divorce then you can bring a motion for contempt of the order and for breach of the agreement.  You can ask the court to compel compliance or come up with an alternative such as sale of the house if the law permits.  Ask your lawyer to help.  Good luck.

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