If my ex-husband wants his name off of the mortgage of the house that I live in, what are my options?

The mortgage for the home that I live in, pay the monthly payments and insurance on, is in my ex-husband’s name only. He now plans to leave the US and wants his name removed or he’ll have his lawyer come and kick me out. The house is on my property and the divorce agreement was that I would make the payments and if/when I could refinance or the loan was fully paid that he would sign the title over to me. I am unemployed and the sole caregiver for my elderly mother so it’s highly unlikely that the bank is going to just sign the contract over to me. What legal rights do I have?

Asked on October 7, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As you state in your question, if you have a dissolution order with your former spouse and you are abiding by the agreement by being current on the home's mortgage where you are not obligated to refinance the home's mortgage by a certain date, you have the option to refinance the loan.

The only realistic way to get your former spouse's name of the home's mortgage is if you refinance the loan which does not seem to be an option at this time. I seriously doubt that the current lender will voluntarily remove his name from the home's loan secured by the mortgage.

Your husband's threats as to you have no legal or factual basis. I view them as a form of intimidation. If you receive a letter from an attorney representing your former spouse, you should retain one in turn to safeguard your interests.

Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.