How do I remove myself from mortgage in divorce? Not selling house.

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How do I remove myself from mortgage in divorce? Not selling house.

The mortgage loan was 100 in my ex’s name, however, at closing I signed the
mortgage documents. We’re in Florida, and will be filing for a simple dissolution
of marriage. He is not going to sell the house, and we are not looking to split
or anything. I just want to be removed from it. Do we need to do something in the
divorce documents that can remove me from the mortgage? Or because the loan is in
his name, am I even responsible?

Asked on January 26, 2017 under Family Law, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I'm afraid that you probably can't. Since you also signed for the loan, then you are also responsible for paying it. The fact is that the mortgage lender made the loan to the both of you. And since your lender will be not a party to the divorce action, then the divorce will have no legal bearing on it or the money that you owe it. Your only real option here is to have your husband refinance the mortgage in his name only. If for some reason he can't do that then there is something that you can try. You can ask your lender to allow what is called a "novation" to remove your name. However, as a practical matter, this is rarely allowed but still worth a try. A novation could be accomplished by letting your husband pay the mortgage for a period of time (usually 8 to 12+ months). If he makes all payments on time and can show that he was the only one paying the mortgage, your lender may allow you to remove your name from the mortgage without your husband having to refinance. You may also be able to obtain a novation if your husband "buys" your release by making a significant payment to reduce the outstanding balance. 


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