Is it illegal for my ex-wife of a few years now to still be using my last name for financialif she is re-married?

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Is it illegal for my ex-wife of a few years now to still be using my last name for financialif she is re-married?

I am also a co-signer on a couple of loans that I am not benefiting from and I would like to have my name taken off of them but she refuses to refinance them; he would have to use her married name now. I would very much like to know if there is anything I can do about it all and what the steps are I should take and who to contact.

Asked on November 1, 2010 under Family Law, Pennsylvania

Answers:

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

Answered 11 years ago | Contributor

The issue of the last name is one that varies from state to state.  But remember: it is legally her last name as well since she married you. The issue is whether or not she HAS to take her new married name. For example, in some statesyou can keep your own last name, combine your last name with your new husband's or take his last name.  And are legal.  If you choose to take your husband's name then that is now your name.  Do you have to take your maiden name when you get divorced?  Well it is an option but probably not.  What if you have become established and known by that name?  You would want to keep it.  As for the loans, what does your divorce decree say?  If she was to refinance and take you off then you are going to have to bring her back to court to do so.  Contact an attorney.  Good luck. 


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