Document to waiver mortgage payment if divorced.

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Document to waiver mortgage payment if divorced.

I have to sign mortgage in 2 days although I do not wish to. The lender told me to only have my wife on the mortgage she is capable of paying this alone would set the process back 2 weeks. Is their an agreement that could be drawn up and witnessed/notarized that would mean I would not be held responsible for my portion of the mortgage payments.

Asked on February 26, 2018 under Family Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Your question is somewhat unclear--if the following does not answer it please re-post with more detail. 
But generally: a mortgage does NOT care about your relationship, marital status, or divorce. If you are on a mortgage, you have signed a contract (a mortgage is a contract) to repay a loan. The lender/bank is a party to that contract; therefore, you can NOT get off of the morgage or avoid your responsibilities to pay the morgage unless the *lender* agrees in writing to allow you to do so--what happens between you and your wife, or what you and your wife agree to, has no effect on your contractual obligations to the lender.


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