Can I get out of a mortgage on a house that was awarded to my late ex-husband?

UPDATED: Oct 1, 2022

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Can I get out of a mortgage on a house that was awarded to my late ex-husband?

My ex was awarded the home. We were both co-signers and he was to refinance. He passed away before he refinanced. I don’t want the home. Can I get out of the home? No estate was done; he had a Will.

Asked on September 28, 2018 under Family Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you can't out of the loan/mortgage. The mortgage was a contract between you and your ex on the one side and the lender on the other. A person can only get out of their contractual obligation--so your obligation to pay the mortgage--with the consent of all parties: that is, the bank would have to agree to let you out of the mortgage, and it is difficult to see why they would do that, since it leaves them without a person who has to pay and whom they could sue for the money.
Your divorce and the award to the house to your ex or his obligation to refinance is irrelevant: the bank was not part of your marriage, not part of your divorce, and is not subject to or bound by the divorce. You, unfortunately though, remain bound by the mortgage.

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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