If my husband was ordered to remove my name from the loan on our home and he did not do so, what are my options?

UPDATED: Jul 12, 2011

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If my husband was ordered to remove my name from the loan on our home and he did not do so, what are my options?

When I divorced, I signed a quitclaim deed on my house and my husband remained on the mortgage. The divorce agreement ordered him to remove my name from the loan as of June 15 of this year. He made no attempt to refinance to remove my name from the loan. Now he is unemployed. I believe I can go to court and try to have the divorce agreement enforced, but it is my understanding that even a judge cannot force the bank to refinance on someone who doesn’t qualify. What are my options? Is there any way to protect my credit if he stops paying the mortgage? Is my only option to pay or ruin my credit?

Asked on July 12, 2011 under Family Law, Florida


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

Answered 11 years ago | Contributor

Ugh.  This is one of the most typical situations that occurs in a divorce.  You are correct on many levels her.  You can indeed go back to court to hold him in contempt and to enforce the divorce agreement.  And again you are correct that you can not get blood from a stone.  He will not qualify to refinance and the bank does not have to let him.  And yes, if he defaults your credit will be ruined. So ask that the court allow you to modify your divorce agreement (it is a contract remember and he has breached that contract) and allow you to - what do you want to do?  You can request that the court order that the house be sold and the proceeds go to pay off the mortgage (what else you are entitled to remains to be seen from reading the entire agreement).  Get help here.  Good luck.

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