What to do if I’m active duty military and was divorced almost 7 years ago but my ex-wife did not get my name removed from the mortgage as she was supposed to?

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What to do if I’m active duty military and was divorced almost 7 years ago but my ex-wife did not get my name removed from the mortgage as she was supposed to?

She never got my name removed and 2 years ago I returned to the US from being in Korea for 2 years. I started the assumtion process to get my name off the loan. I was told everything was good several months later while I was deployed to Afghanistan. I recently discovered that the assumtion did not get done and now I am being told that the loan does not qualify for an assumtion. I do not receive any information on the house nor the loan and it is now deliquent by 90 days. How can I get my name off the loan when my ex-wife does not financially qualify to get it refinanced in her name only? What are my options.

Asked on December 18, 2012 under Family Law, Kentucky

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The problem that you have results from the down turn in this country's real estate market. To get your name off of the loan for the property that you have written about your wife has to refinance which does not seem likely or sells the home. I suggest that you consult further with a family law attorney for help in your matter as to other options.


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