If I’m divorced, how to I get my ex’s name off of the mortgage now that I’m filing for bankruptcy?

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If I’m divorced, how to I get my ex’s name off of the mortgage now that I’m filing for bankruptcy?

I’ve been divorced for 5 years. I am now filing Chapter 7. My name is still on the house; my ex agreed to let me keep the home. It is a VA loan. What do I do to get his name off the loan? Since I’m having to file Chapter 7, what are my options and does it matter that the loan is a VA? I’m worried I won’t qualify for refinancing or loan assumption.

Asked on October 12, 2012 under Bankruptcy Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this coutnry the only way to get your "ex's" name off of the loan for the home you are writing about would be to refinance the home or sell it. Lenders simply do not voluntarily release a person who obligated himself or herself on a loan based upon the circumstances that you have written about.


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