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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 115430
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My divorce decree status that my ex-spouse should have no responsibility

Resolved Question:

My divorce decree status that my ex-spouse should have no responsibility for the home mortgage and second loan. The Texas bank took their name off the original but would not take their name off the second because the total appraised is above the 80% total value limit due to recession. How can I get the name off the second loan? There is no lawyer involved with the divorce, and I do not have the funds to pay the second off but can (and due) make the payments. This is starting to cause a lot of issues.
Submitted: 5 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 years ago.
In a divorce, the court cannot alter contractual relationships in place. This means that while the bank may have agreed to remove your spouse's name from the first mortgage, legally they did not have to do so. Thus, the only way to get their name removed from the second mortgage would be you would have to refinance the second mortgage if the bank refuses to release your spouse from that second mortgage.

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