How do I go about getting my name off of the house loan that my ex-wife gets?

Asked on February 9, 2016 under Family Law, West Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can't get your name off the loan unless:
1) Your ex-wife refinances the loan in her name only; or 
2) Both the bank/mortgagee and your wife agree to remove you--all parties to a contract or mortgage must agree to chabges to it.
Your best bet may be to go to family court and seek a court order requiring your ex-wife to refiance, since she got the house in the divorce. You are advised to retain a family law or matrimonial law attorney to help you.

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