Can the terms of a mortgage change after a divorce?

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Can the terms of a mortgage change after a divorce?

Three years after marriage my husband and i purchased a home. The mortgage was not in my name

due to past credit issues, however all of my information current/past employment,collateral info, etc had to be provided. After purchasing the property 5 years ago, my name was placed on the deed but not the mortgage. Then 4 years ago my husband and I legally divorced and according to the divorce decree, the home is left to me and his child and he has no rights. I would like to know that if I communicate this information to the mortgage company in an effort to have his name removed and mine added, if they will check my credit, change the terms of the mortgage possibly increasing my monthly payment or even worse attempt to take my property because the terms had changed and i am unable to adhere. I have been paying the mortgage on my own from my personal account for 18 years.

Asked on June 14, 2017 under Real Estate Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your divorce has no effect on the mortgage, which is a contract between the lender and your husband. (The lender was not part of your marriage or the divorce and is not bound by what happens in the divorce.) To remove your ex-husband from the mortgage and substitute you would require the consent of *both* your ex-husband and the lender (contracts may only be modified with the consent or agreement of all parties to them), which consent may be freely withheld for any reason whatsoever. Your only reliable way to take your husband off the mortgage is to pay the mortgage off, either in cash or by refinancing it with a new mortgage.


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