Taking my name off mortgage loan

My ex received a house in the divorce.
It mentions that it is awarded to him but
it doesn’t mention anything about
taking my name off the loan. I have
written to the mortgage company but
they won’t take my name. I have
contacted the credit bureau but they
will not take me off. So every he is
late, it affects my credit.

What kind of legal recourse do I have
to get this fixed?

Asked on May 29, 2016 under Real Estate Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your dilemma is one faced by many divorced people. As you are probably now awre after taliking to the bank, it is unlikely to voluntarily remove you from the mortgage because when the bank approved the mortgage loan, it assessed the credit of both parties; payments, rates, etc. were determined based on you and your ex as borrowers. 
That having been said, there are several options in such a situation. The first would be to get your ex to refinance in his name alone, however considering his history of late payments this is probably not feasible. There is also something called a "novation" whereby for a certain sum a bank will release a borrower from a mortgage obligation but it too is not realistic for the same reason given above. You could also file for bankruptcy, which will clearly affect your credit further, or try and talk your spouse into selling, which I'm certain you have already mentioned to him. Other than that, I'm afraid you will have to continue on the morgtage for the forseeable future.

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