Remove name off of mortgage
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Remove name off of mortgage
My husband and I are getting a divorce,
we recently purchased a house in
October of 2016. I would like to remove
my name from the mortgage since I am no
longer living there.
Asked on April 27, 2017 under Family Law, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The fact is that you may not be able to get your name of the of the mortgage; the bank made the loan to the 2 of you based on both of both your incomes and/or credit. You may need your husband to refinance and get a new mortgage. If that's not possible, he can ask the lender to allow what is called a "novation" to remove your name. However, this is only rarely allowed and may not wok in your case since you purchased your houe recently. Anyway, a novation could be accomplished by your husband showing thhe has paid the mortgage for at least the last 6 plus months without youwithout you and has never been late. A novation may also be obtained if he "buys" your release by making a substantial payment to reduce the mortgage balance, which your lender has suggested by the payment of $10,000. Otherwise, I'm afraid that your name will have to stay on the mortgage.Read more: https://ask-a-lawyer.freeadvice.com/law-questions/how-can-i-make-my-ex-wife-55113.htm#ixzz4fjnXMgBY Under Creative Commons License: Attribution Follow us: @FreeAdviceNews on Twitter | freeadvice on Facebook
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