If my ex-husband wants his name off of the mortgage of the house that I live in, what are my options?

UPDATED: Oct 7, 2011

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If my ex-husband wants his name off of the mortgage of the house that I live in, what are my options?

The mortgage for the home that I live in, pay the monthly payments and insurance on, is in my ex-husband’s name only. He now plans to leave the US and wants his name removed or he’ll have his lawyer come and kick me out. The house is on my property and the divorce agreement was that I would make the payments and if/when I could refinance or the loan was fully paid that he would sign the title over to me. I am unemployed and the sole caregiver for my elderly mother so it’s highly unlikely that the bank is going to just sign the contract over to me. What legal rights do I have?

Asked on October 7, 2011 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As you state in your question, if you have a dissolution order with your former spouse and you are abiding by the agreement by being current on the home's mortgage where you are not obligated to refinance the home's mortgage by a certain date, you have the option to refinance the loan.

The only realistic way to get your former spouse's name of the home's mortgage is if you refinance the loan which does not seem to be an option at this time. I seriously doubt that the current lender will voluntarily remove his name from the home's loan secured by the mortgage.

Your husband's threats as to you have no legal or factual basis. I view them as a form of intimidation. If you receive a letter from an attorney representing your former spouse, you should retain one in turn to safeguard your interests.

Good luck.

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