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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 32154
Experience:  Began practicing Family Law in 1992
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I was divorced in January 2016. My divorce decree states the

Customer Question

I was divorced in January 2016. My divorce decree states the house was awarded to my ex wife. My question is, how do I get my name off of the mortgage and we also used my VA benefits to get a VA Loan? What do I need to do to get myself removed from the mortgage? The divorce decree doesn not state for her to refinance or sell the property.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Have you talked to a lawyer yet?
Customer: Yes, I was told that we can't MAKE her refinance. I'm not sure where to go next
JA: What advice did they give you?
Customer: That's all he told me during the process. I've recently asked again since my ex's lawyer sent a special warranty deed for me to sign and they were sent a deed of trust to secure assumption for my ex to sign. I don't believe that these will remove me from the mortgage or the va loan, so in the future I won't be able to use my va benefits again
JA: Anything else you think the lawyer should know?
Customer: I was awarded equity in the home and was already paid for that.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
Submitted: 3 months ago.
Category: Family Law
Expert:  JD 1992 replied 3 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is there a specific question with which I could assist?

Customer: replied 3 months ago.
How do I get myself removed from the mortgage after the divorce?
Expert:  JD 1992 replied 3 months ago.

Unfortunately, the only way would be to file for a bankruptcy. While the divorce court could order that your ex refinance the home, realistically there is not a way to enforce that. Your lawyer could have written a clause into the divorce decree, assuming that they would agree, that if they can't refinance then the house goes back to you or that the house be sold but that or bankruptcy are really the only ways to do anything about this.

Customer: replied 3 months ago.
if they don't agree, I would have to file bankruptcy? Will I then be eligible to use my va benefits for a va loan in the future?
Expert:  JD 1992 replied 3 months ago.

Yes, that's correct.

I can't speak to the issue of VA benefits and VA loans, those are controlled by their internal regulations and aren't really a matter of law. At one time you couldn't get a VA loan again under these circumstances but my understanding is that the rules have changed several times.

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