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

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

I’m divorced 5 years and my ex still lives in the marital house; my mane is still on the mortgage. He says that his credit is too bad to buy me out. How do I get my name off?

Asked on February 5, 2018 under Real Estate Law, New Hampshire

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Actually, you can't. The reason is that the bank was not a party to your divorce, so the fact that your ex was awarded the house in your divorce is not relevant to, or binding on, them. Since your ex-husband cannot refinance due to poor credit, perhaps he can sell. If he won't and you are also on the deed (not just the mortgage), then as a co-owner you can force a sale (via something known as a "sale in lieu of partition"). At this point, you should consult with a real estate attorney as to specific state law.


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