Can a divorced person change the terms of a home loan without the consent of the other party

UPDATED: Oct 2, 2022

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Can a divorced person change the terms of a home loan without the consent of the other party

My ex wife still resides in the marital home with
both of our names on the loan still. I believe
that she modified the loan terms to a much
higher liability amount, and now my credit
report shows that I owe more than the original
loan agreement. Is this legally possible?

Asked on August 28, 2019 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, it is not legal (which is not to say it could not have been done, such as if your ex signed, or had someone pretending to be you sign, for you). A loan is a contract; regardless of marital status, a contract cannot be changed without the consent of all parties to the contract. You would have to agree or consent to any change or modification.

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 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.

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