My ex-spouse got the house during the divorce. How am I suppose to get the loan off my name?

Get Legal Help Today

 Secured with SHA-256 Encryption

My ex-spouse got the house during the divorce. How am I suppose to get the loan off my name?

During the divorce I was unable to obtain an attorney and was told 50/50 on everything. Got a copy of the divorce decree and the only thing I got was what I left with. I am on the bank documents as the Primary owner. How can I get my name off of the bank loan.

Asked on June 7, 2009 under Real Estate Law, Oregon

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

This will depend on the terms of the divorce decree. If your wife got the house but there was no specific requirement to remove you from the mortgage then you may be out of luck. If however, the decree provides that you are removed then you can file a motion to enforce this provision. The other issue is whether or not she has exclusive occupancy of the house which means she can reside there until the youngest is a certain age, usually 18 or 21. In this case, she will not be required to remove your name until that time but this would normally mean that the house is sold and the proceeds split. Unless I know the particulars of the divorce finding by the Judge I cannot give you a specific answer. I suggest that you contact a divorce attorney in your area and review the decree with him/her to get a better perspective.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption