How do I get my name off a second mortgage?

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How do I get my name off a second mortgage?

I made the mistake of co-signing for my ex-wife. She took out second mortage to pay for our wedding. Now that we are divorced I’m stuck with $199,000 in debt. I just want my name of off the loan but she refuses to do it.

Asked on July 26, 2011 California

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your situation.  How was the debt handled in the divorce action?  It seems to me that since you co-signed and it was used for the wedding (really?  all of it?) that it was probably considered joint debt.  But the way the house was divided is key here too.  You can not force her to refinance the loan to her name only unless the court decree so states.  Then you would have to sue her for contempt. You could also - if you have the ability to do so - ask the court to allow a modification of the order in order to allow you to sell the property and satisfy the mortgage.  This is all conjecture because I can not read the order.  Please get help.  Good luck.


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