My husband has made all payments to the mortgage and does not plan to sell the house. will i still be responsible? can i remove my name? by sandydiegorivera91 from Los Angeles, California. Aug 19th 2013
He would have to refinance, sell, or pay off the mortgage.. that's the only way.. Keep in mind that the court decision to grant him the residence is in title only.. the original papers you signed obligating you to the mortgage does not dissolve, so you will be liable until the property is somehow paid off.. I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. 480-287-5714 WilliamAcres.com
Unfortunately, he would have to refinance the home to have it taken out of your name.
You can remove your name from the mortgage by having your husband refinance the property under his name.
Divorce does not change your responsibility towards the mortgage. I personally believe 90% of lawyers do you a huge dis-service by not forcing the party retaining the home to refinance, and if they can not refinance - sell the home. You can technically ask the existing lender to take you off the loan. Almost never works, but you can ask. There is a super small chance, but realistically, he would have to refinance the house into just his name. www.MnRealEstateDaily.com
Sorry, oyu are stuck, unless the court orders the lender to remove you.
if the divorce decree states he is responsible and has made all the payments and not selling the home, he should still refinance the property in his own name taking you off the loan and Deed.
As you can see from the responses the only way to remove yourself is for your X to refinance, sell, or pay off the mortgage. It is a good idea to get off of the mortgage. I suggest he do one of those as as quickly as possible. If he fails to make the payments on time it will reflect on your credit. If you decide to buy another home you would have to qualify with both house payment unless it can be demonstrated that since the divorce he has made at leased 12 months payments with no lates. It could have devastating consequences.
Yes, all of these answers are correct. The only way to be taken off is to have your husband refinance. You should ask your attorney to see if there can be a provision in the decree that would require him to refinance you off the note. All states are different and I am not an attorney, so my suggestion would be to seek legal guidance from someone in your state.
You can only remove your name by doing a full blown refinance.
Your name can pnly come off through refinancing. Having your husband do this, is a question and situation bwest dealt with by your attorney and the court. It is important that you divorce decree address this. Good Luck.
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