How can I remove my name from a Mortgage

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How can I remove my name from a Mortgage

I am the Co-Borrower on a mortgage. My ex-husband is refusing to refinance the
house to remove my name. What other option do I have? I have contacted the
Mortgage company and they will not remove my name unless he refinances.

Asked on July 11, 2019 under Real Estate Law, Nebraska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You can't be removed unless he refinances, and it does not matter if you quitclaim or otherwise give up your interest in or ownership of the home. The mortgage is a contract: a contract between you and your ex, on the one hand, and the lender on the other. A contract may not be changed--including to remove one party from it--without the consent of ALL parties to it: i.e. your ex and the lender both would have to agree to remove you and can freely decide to NOT consent. That is, there is not way to make them consent or agree to remove you if they don't want to, and they will not want to--removing you does not benefit the lender, and in fact hurts them, by reducing the number of people who have to pay the loan (and who they could sue, if necessary).
What happened between you and your ex (e.g. the divorce and its outcome) has no bearing on your obligations under the mortgage/contract or on the lender: the lender was not part of your marriage or divorce and has no obligation to remove you from the loan.
If the divorce resulted in a settlement or decree requiring your ex to refinance in his name and remove you, your recourse is to take legal action against *him* to force him to honor his obligations.


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