How can I be taken off a loan when my ex husband does not quality to refinance

Call your lawyer who handled the divorce. They should have really made this part of the final decree or MSA.

The only way would be to sell the home or get it refinanced.. removing yourself from the deed does not relinquish your obligation for the loan. As far as how to fight this in court, that's for a different blog.. this website is for mortgage related questions. you need legal advise regarding legal petitions.. you should contact an attorney or legal aid. 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. William J. Acres, Lender411's number ONE lender in Arizona. 480-287-5714 WilliamAcres.com NMLS# 226347

I have to agree with William Acres. There is actually no way to get your name off of the current loan. You have to pay it off for that to happen and that is either going to happen because of a refinance or a sale and since he doesn't qualify for a refinance then he has to sell it. Final divorce decrees involving homes usually stipulate that the person remaining in the home has a certain period of time to refinance or sell. I would start there and see what that says. As a lender I see a lot of divorce decrees but I am in no way giving legal advice.

If he can't refinance... force him to sell. Get an Attorney

You got some good answers here from mortgage brokers/consultants per their experience with clients in similar situations. But as you might gather, none of us can provide what a lawyer can in this situation. Certainly you can try and add to what you know so far by using google, self-legal work websites such as for Nolo Press, and you tube. There are legal aide offices throughout CA that you could use for free or on a sliding scale as well.

I specialize in mortgage related matters for the recently divorced. I think the bigger question in these situations is why your ex husband is not able to refinance you off the mortgage. When I present to local bar associations I always make sure to mention that mortgage companies will not remove a contractually obligated borrower from a mortgage simply because there is a court ordered judgement of debt contained in the divorce decree that requires it. If lack of equity or lack of income or low credit score is the reason your ex is having trouble refinancing, there are options available that many homeowners are not aware of. Please let me know how I may be of service and if possible pinpoint the exact reason your ex is unable to refinance. Thank you - Steve at: snardin@unionhomemortgage.com

I work with Steve Nardin who submitted the previous response. He is an expert on this and advises attorney's frequently. Having an attorney involed is important, but you need the RIGHT attorney. One who practices in this part of the law and one that will consult with a lender that also understands these complex transactions. I'd suggest you email Steve and get his help.

It sounds like you may need to sell the home. In order to remove your name from the mortgage loan; that loan will need to be refinanced with you listed on as a borrower or co borrower.