How doI remove my name froma mortgage account after divorce?

My ex-husband has 100 % rights of the apartment we bought together but my name is still on the mortgage. He’s not making payments anymore and that’s ruining my credit history. I already signed a “Grant, Bargain, Sale” deed . Our divorce decree states he has 100 % responsibility of the mortgage.

Asked on July 26, 2010 under Real Estate Law, Nevada


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

Answered 10 years ago | Contributor

This occurs so many times in a divorce action. What your ex husband has to do is go to the bank and refinance the mortgage removing your name from the loan.  Even though you both agreed that he has 100% responsibility for the apartment, including the loan, the bank is not a party to the divorce and the settlement agreement and they are not bound by its terms.  So your credit will indeed continue to be ruined if he continues to be in default.  Does your divorce settlement state that he is to refinance?  Is it within a certain time period?  You will need to go back to court to enforce whatever the agreement states regarding this or, if it does not, ask the court to modify the agreement and have him take you off.  But the way things stand now that does not seem like an alternative for him.  So think of something else: you petitioning to sell the apartment, etc.  Whatever your attorney thinks is viable in Nevada and will make you whole again.  Good luck.  

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