Do I have any options legally to get my name off of a mortgage to a home that my ex-husband owns?

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Do I have any options legally to get my name off of a mortgage to a home that my ex-husband owns?

I have been divorced almost 2 years now. In the final divorce decree the judge gave my ex-husband 6 months to get my name off the loan and deed to the house either through re-finance or a sale of the home. Because of the economy I have tried to be patient but again it’s almost been 2 years. Do I have any options or do I have to go on indefinitely with my name and credit tied to a home?

Asked on March 16, 2011 under Real Estate Law, Georgia

Answers:

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

Answered 10 years ago | Contributor

Practically speaking, there may not be much that you can do.  You can try and see if she will refinance the property in her name only.  Absent a refinance, your only possible (but not likely option) will be to have your ex-husband request a "novation" (removal of your name) from the lender.  This could be accomplished by him showing that he has paid the mortgage without you. Assuming that he is current with payments and has never been late, the lender may allow him to remove your name from the mortgage without having to refinance.  A novation may also be obtained if he "buys" your release by making a substantial payment to reduce the mortgage balance. While novations are only rarely allowed, it is still worth trying, if your ex is willing.


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