Removing my name or legal rights to a property.

UPDATED: Jun 8, 2009

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Removing my name or legal rights to a property.

My divorce decree states that I am divested of all right title, intrest and claim in and to the property that was awarded to my ex husband. My name is still on the mortgage, but he will not sign an assumption or refinance to remove me from responsibility. Now he is behind on payments and my credit is also tanted. What is my options to have myself removed?

Asked on June 8, 2009 under Real Estate Law, Texas


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You're going to have to go back to court for this, I'm afraid.  This is the kind of "loose end" that shows up in too many do-it-yourself divorces; the decree should have had some additional language in it, that specifically required your ex husband to get your name off the mortgage within a certain period of time, or sell the property.

The longer you wait, the worse this might get.  You need a qualified divorce attorney to handle this for you, and one place to find a lawyer is our website,

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