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I am currently going through a divorce, I gave all legal rights to our home to my soon to be ex-husband but my name is still on the loan. I was told that my name cannot be removed until he refinances the home. Currently my ex is 4 months behind on the loan payment and of course this is lowering my credit score. Do I have any legal rights to have my name removed, and if so how can I do this?

Submitted: 200 days and 20 hours ago.
Category: Real Estate Law
Value: $20
Status: AWAITING CUSTOMER ACTION
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Optional Information

Greenville, North Carolina

Already Tried:
I have contacted the Bank, and I have not gotten anywhere.

Answer

You have no legal right to have your name removed from the mortgage. The bank does not have to abide by divorce agreements. Your only recourse is to sue the ex, force him to pay or sue for partition of the house. The judge would order it sold and the mortgage paid off.

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Expert: FLACORPLAWYER
Pos. Feedback: 99.2 %
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Answered: 5/6/2009

Lawyer

23 years as attorney NY and FL Bars.

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