How can I be removed off of the mortgage and deed of a jointly owned home?

UPDATED: Jan 23, 2012

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How can I be removed off of the mortgage and deed of a jointly owned home?

I am on the mortgage for a home that is jointly owned by my ex-wife. I have nothing to do with the house, and, have not lived there for 9 years. We both agree, and as part of the divorce decree, that it is her home, her responsibility. Due to late payments, her credit is poor. She is presently 2 months late on mortgage payments. Her actions are negatively affecting my credit. She refuses to do what is necessary to have me removed (refinance, sell the house). What are my options?

Asked on January 23, 2012 under Real Estate Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately for you, there are only two options for your name to be taken off the loan on the home that you were once on title to. The first is for your former wife to refinance the loan. This may be difficult if the loan is greater than what the home is worth. The second is for your wife to sell it (most likely through a short sale).

The last option is simply to have the home lost in foreclosure but that creates a lot of problems for you and your former wife The result could be a deficiency judgment action against you and your former wife by the lender and damage to your credit rating.

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 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.

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