How doI get my name removed from a previous mortgage loan?

I have a home loan from a previous marriage. However in the divorce decree it states that I was to sign over all payments and the house to my ex-husband. I am still on the loan. Is there any way to get off of the loan so that I can purchase a house with my new husband?

Asked on March 8, 2011 under Real Estate Law, Texas


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

Answered 9 years ago | Contributor

This happens so often in a divorce where one party gets the house but the other party can not seem to be free of it.  The problem is that your lender from the old house is not a party to the contract - your divorce, that is - and is not bound by the agreement. The only way to get your name off of the loan is to have your ex refinance it in his name alone. I am hoping that your agreement also states that your ex is to refinance the property and that he just has not complied with the agreement.  Is that correct?  then you need to go to court to enforce the agreement and force him to do it.  Good luck.

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