Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
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.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).