How doI remove my name froma mortgage account after divorce?

Get Legal Help Today

 Secured with SHA-256 Encryption

How doI remove my name froma mortgage account after divorce?

My ex-husband has 100 % rights of the apartment we bought together but my name is still on the mortgage. He’s not making payments anymore and that’s ruining my credit history. I already signed a “Grant, Bargain, Sale” deed . Our divorce decree states he has 100 % responsibility of the mortgage.

Asked on July 26, 2010 under Real Estate Law, Nevada

Answers:

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

Answered 10 years ago | Contributor

This occurs so many times in a divorce action. What your ex husband has to do is go to the bank and refinance the mortgage removing your name from the loan.  Even though you both agreed that he has 100% responsibility for the apartment, including the loan, the bank is not a party to the divorce and the settlement agreement and they are not bound by its terms.  So your credit will indeed continue to be ruined if he continues to be in default.  Does your divorce settlement state that he is to refinance?  Is it within a certain time period?  You will need to go back to court to enforce whatever the agreement states regarding this or, if it does not, ask the court to modify the agreement and have him take you off.  But the way things stand now that does not seem like an alternative for him.  So think of something else: you petitioning to sell the apartment, etc.  Whatever your attorney thinks is viable in Nevada and will make you whole again.  Good luck.  


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption