What canI do if my ex won’t refinance the house to get my name off the loan?

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What canI do if my ex won’t refinance the house to get my name off the loan?

I divorced my wife back in 2005. We owned a home together – both of our names are on the loan and on the title. She kept the house and took over the payments on it. She has been on time with all payments since then. I did not want to do a quickclaim deed to turn it over to her, because she refuses to refinance the home to get my name off the loan. I did not want her to stop making payments on the loan, then I would have no claim on the house itself and couldn’t sell it. Was this the right thing to do or should I sign a quick claim?

Asked on March 21, 2011 under Family Law, Michigan

Answers:

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

Answered 10 years ago | Contributor

Listen, no one is going to tell you what you did was right or wrong without being able to take a look at the whole picture of the divorce in question.  The way that you have phrased the question here it appears that you had this matter well thought out but are now second guessing yourself.  What do you really want here?  To be rid of the property and attachment to your ex because of it?  Then you need to look at your divorce agreement and see what it says.  If it says that she is to refinance within a certain period of time move to compel her to do so now.  Does the agreement indicate anything else?  Any other option is what I mean?  Decide here what you want to do and then move toward it.  Good luck. 


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