If my ex-wife is still on the mortgage what, if any, rights doesthis give her?

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If my ex-wife is still on the mortgage what, if any, rights doesthis give her?

My wife and I got divorced about 5 years ago; her name is noton the house deed but she is still on the mortgage. I have tried to refinance to get her off with no luck. Now she is threatening me that she will call the mortgage company and ask them to foreclose on the house. I am on the mortage too and I have the deed. Can she do this?

Asked on February 5, 2012 under Family Law, New York

Answers:

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

Answered 9 years ago | Contributor

I guess that she could but if you keep on paying the mortgage they will not be foreclosing any time soon.  You are jointly and severally liable meaning she should be worried you do not default as they will come after her too.  She will be able to recover from you pursuant to the divorce decree but not until after life becomes hell.  What prompted her vicious outburst? You need to seek help here to get rid of her once and for all. She could bring you back to court for failing to have her removed.  Good luck.   


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