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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38086
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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my divorce was final a year ago. im trying to get my name

Resolved Question:

my divorce was final a year ago. i'm trying to get my name off the house. we used the 8000 government loan to purchase the house. the ex-wife is making all the payments. the divorce was an online divorce. what can i do to get my name off the house? do i need a lawyer to do this? the bank is saying there is no guarantee even with refinancing after an apraisal of the house
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your question.

Actually you likely would not need an attorney to do this. The best way to go about this is to have your ex-wife attempt to pursue a refinance. If she is successful and the lenders consent, then your ex-wife will be able to assume the full debt on her own. Other than a refinance, or a consent by the lender to remove your name, which is extremely unlikely and almost impossible, the other way of removing your name off the debt is to sell the home to someone else so that the debt is completely paid off. I assume that the latter option is not something that you wish to pursue.

Good luck.
Customer: replied 2 years ago.
in your experience how likely is it for refinancing?
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your follow-up.

Lately with the credit slowdown and new regulations it is less likely but I cannot give you a prediction because I do not know your ex-wife's credit history. The higher her credit rating the more likely she is going to be approved for a refinancing on her own. The lower credit rating, the higher the risk to the lender, and the less likely they are willing to simply have one person on the property.

Good luck.
Customer: replied 2 years ago.
in the case that the 8000 had to be paid, and she refused to pay yet she was getting the house, is there anyway to protect myself- would i need a lawyer?
Expert:  Dimitry K., Esq. replied 2 years ago.
thank you for your follow-up.

In that situation you might need an attorney to pursue a contempt of court petition against her. That is essentially a petition where you appeal to the judge who made the original divorce decree order and point out that she did not comply with the conditions. If the judge agrees, he can admonish, fine, or even jail the ex-wife for non-compliance but the latter option is extremely unlikely at least for a first offense.

Good luck.
Customer: replied 2 years ago.
what if there is nothing in the original divorce decree pertaining to this.
thank you for taking the time to answer my questions.
Expert:  Dimitry K., Esq. replied 2 years ago.
If there's nothing in the original decree pertaining to this then you have no grounds to bring up to the courts.

Good luck and take care.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38086
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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