How my name will soon be ex-wife the mortgage without having to buy?

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I have a mortgage on a house soon with my ex-wife. She moved two months ago and has not contributed to the mortgage for the last third I still live at home and I refinance my name, but he refuses to disconnect from the loan. Is what I can do? It does not pay for something, but I do not have money to buy it. She has a new home and have not added in 2 months and I do not really anywhere to go.

6 Comments
  1. Reply
    Spock (rhp)
    May 18, 2011 at 10:28 am

    the only way to “get her name off the loan” is to pay it off. that’s done by refinancing the loan on your credit only.

    not sure why you want to do this anyway — the bank isn’t going to call the loan due because you get a divorce.

  2. Reply
    KMACS
    May 18, 2011 at 11:11 am

    I’m sure this is not what you want to hear, but you really need to talk to your lawyer about that.

  3. Reply
    the kid
    May 18, 2011 at 11:48 am

    If she refuses to sign off, then you can’t do it. You can sue her to force a sale, but then you are out a house.

    “I really don’t have anywhere else to go” – refinancing isn’t going to make the payment go away. Just keep on paying, I’m sure it will come up in the divorce.

  4. Reply
    Bills.com
    May 18, 2011 at 12:03 pm

    The situation you describe is one faced by many couples who are going through a divorce, especially with the downturn in the housing market which has made refinancing much more difficult for many consumers. The only way a name can be removed from a mortgage is if the mortgage is refinanced or if the property is sold. And in both of these cases it sounds like she may have to sign off on either transaction.

    You may want to discuss this situation with a licensed attorney, or possibly your divorce attorney regarding this situation. There is no simple solution to this situation, and you will not find a legitimate answer to resolve this problem in this forum.

    I hope this information helps you Find. Learn & Save.

    Best,

    Bill

    Bills.com

  5. Reply
    rswpbc
    May 18, 2011 at 12:31 pm

    First of all, your Mortgage Note and your Title Deed are two separate and legal contracts. You don’t have to buy her out, all you have to do is refinance. I have a feeling that you don’t want her to have any rights to the house which is an entirely different concern.

    It doesn’t matter who pays on the loan as long as the payment is made. On the other hand, how you take title to your property is what you should be thinking of as well. If you took title as joint tenants, you would want her to sign a Quitclaim Deed. A Quitclaim Deed, when signed by a spouse, takes away all rights and responsibilities of that person. This is difficult when the spouse does not want to sign, especially during divorce proceedings.

  6. Reply
    DeeDee
    May 18, 2011 at 12:35 pm

    Really, what you want is for her to be off the title. Once you finish divorce proceedings, this will be a part of the documentation that you request – deed from her to you. It is to your advantage to leave her on the loan. The lender doesn’t have to take her name off the mortage unless they agree. Being on a mortgage loan doesn’t entitle her to an ownership interest. If you were to get behind in payments, the lender will also look toward your “ex” for payment.

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