If my now ex-husband and I are co-owners on the mortgage of the house we had bought together, how do I get my name off of this mortgage so that I can move on?

He has neglected the mortgage payment a few times since we got divorced. The house is listed for sale but has not yet sold. I am not able to get a bank to consider financing a home for me and our children because of the delinquent history of the house. He claims that he cannot refinance. I’ve contacted the mortgage holding bank and they won’t return my calls.

Asked on July 29, 2015 under Family Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The only ways to get your name off the mortgage are: 

1) Refinance it--i.e. your ex-husband refinances it purely in his name, which is subject to him *and* the bank  both agreeing to do this.

2) Pay off the mortgage.

3) Sell the house.

There is no other way to get off the mortgage. Your financial situation and domestic situation (i.e. the divorce) are both, unfortunately, irrelevant; the bank does not need to take consideration of either, but can insist on the loan being paid off in one way or another, whether that be by you and your ex paying it off, or selling the house and the proceeds of the sale paying it off, or some combination of the two.

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