Can an ex-spouse refuse to remove the other ex-spouse from a mortgage?

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Can an ex-spouse refuse to remove the other ex-spouse from a mortgage?

My fiance’s ex-wife refuses to remove his name from the mortgage of the house she was awarded in the divorce. Isn’t there some legal way to make her refinance and get his name cleared?

Asked on January 5, 2012 under Family Law, Texas

Answers:

Phyllis E. Rubenstein / self-employed

Answered 9 years ago | Contributor

You need to start by looking at the divorce order.  You fiance's ex-wife may have been granted the house, but the order may not require her to refinance the mortgage in her name alone.  If your finance was not represented by an attorney in his divorce,  this oversight may be the basis to file a motion to re-open the divorce order.  If there is a provision about refinancing, your fiance can file a Motion to Enforce the provision. 


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