If you are divorced and both parties are listed on the mortgage but only one lives at the property who is financially responsible?

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If you are divorced and both parties are listed on the mortgage but only one lives at the property who is financially responsible?

My ex-wife refinanced our home prior to our divorce. I am behind a couple of months due to the large payment and the bank is calling her. About 3 months ago, I called the bank to get loan info and discuss refinancing. They will not give me any information because I am not listed first on the mortgage. I cannot even get the payment coupons sent to me; the go to my ex-wife. How do we resolve this? She is threatening to sue me but refuses to work with me to get her off of the mortgage.

Asked on December 8, 2011 under Real Estate Law, Wisconsin

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 9 years ago | Contributor

Look at the divorce decree. what does the decree state about the obligation to pay the mortgage?  If you did not know about the refinancing at the time the divorce was signed, and she did not disclose it, you might be able to amend the decree.  Finally, you should have had an attorney during the divorce matter.  Check with your attorney on the intepretation of the decree.  Normally, experienced attorneys will handle this issue before the decree is entered. 


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