How can I get my name removed from mortgage.

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How can I get my name removed from mortgage.

Ex husband resides in the home and is responsible for the montlhy payment,
per divorce decree. He will not communicate with me

Asked on February 2, 2018 under Real Estate Law, Wyoming

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can't remove yourself without the consent of ALL parties to the mortgage: that is, any one else who signed or took out the mortgage with you (e.g. your ex-husband) and the lender. A mortgage is a contract: a contract may only be modified, including to remove one of the people obligated to it, only with the freely given agreement of everyone else on the contract. The relationship between you and your ex, the divorce, etc. are irrelevant, since none of that affects the contract or contractual rights. Unless your ex and the lender both agree, you cannot be removed.


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