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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 12819
Experience:  B.A.; M.B.A.; J.D.
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In my divorce I signed over the house to my ex wife, that was

Resolved Question:

In my divorce I signed over the house to my ex wife, that was over 5 years ago. She still has not refinanced the loan, so it still appears on my credit report. Per our divorce, I have no legal rights regarding the house, but have been told that I could still be held liable should she default on the loan. Do I have any legal recourse to force her to refinance the loan to get my name off it?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.


Could you clarify?

Did the divorce Judgment give a timeline for her to refinance the mortgage to take it off your name?
Customer: replied 1 year ago.

I am afraid that there was no stipulation in the divorce judgment regarding the refinancing of the loan. I believed that by giving the property over to her, it would be enough to have my name removed from the loan.

Expert:  Phillips Esq. replied 1 year ago.

Thank you for the information:



I am afraid that there was no stipulation in the divorce judgment regarding the refinancing of the loan. I believed that by giving the property over to her, it would be enough to have my name removed from the loan.




Response 1: Unfortunately, this is a very common mistake and it is very problematic. Since there was no stipulation and/or Judgment for her to refinance at a date certain, she does not have to refinance the property and you do not have any legal recourse if she refuses/fails to refinance the property. You cannot file contempt action against her if she has not refinanced the mortgage because she has not violated any Court Order/Judgment. So long as she is paying the mortgage on time, there is absolutely nothing that you can do to force her to refinance to remove your name from the mortgage.




Your initial post: In my divorce I signed over the house to my ex wife, that was over 5 years ago. She still has not refinanced the loan, so it still appears on my credit report. Per our divorce, I have no legal rights regarding the house, but have been told that I could still be held liable should she default on the loan.




Response 2:
Unfortunately, this is correct. Your divorce agreement is not binding on the mortgage lender. If your ex-spouse defaults, the lender would come after both borrowers. However, if this happens, you can then file contempt action against your ex-spouse for failure to make payment pursuant to your divorce agreement.



Do I have any legal recourse to force her to refinance the loan to get my name off it?





Response 3
: Unfortunately not. Also, see my response #1.

Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 12819
Experience: B.A.; M.B.A.; J.D.
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