What to do if my ex-husband wants his name off our joint mortgage on house and give me full responsibility?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my ex-husband wants his name off our joint mortgage on house and give me full responsibility?

My ex-husband wants to take his name of the mortgage in exchange for stopping his alimony. He wants to give up all rights and claims on the property as well as responsibilities on the mortgage. Can this be done?

Asked on February 19, 2011 under Family Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First, what was your agreement during the divorce as to the property?  If the agreement was different from the outcome you now wish then you need to do a modification.  As for taking his name off the mortgage, you will have to refinance the mortgage out of his name and in to your alone.  The bank does not have to agree to this and you will have to qualify.  Will you?  Without the alimony?  Are you sure that this is a sound idea financially for you?  I would speak with an attorney on the matter as soon as you can. You need to look at the whole picture here without being swayed to owning the property outright.  Good luck to you.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption