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FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 28371
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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I am going thru a divorce and my name is on the mortgage. My

Customer Question

I am going thru a divorce and my name is ***** ***** mortgage. My question is what leverage do I have to have to get her to take my name off the mortgage. She says she can not qualify to refinance the house in her name only because she does not have a paycheck to show that she is earning a weekly wage. My rebuttal is that she has millions in her stock portfolio and is about to sell her East Hampton home for over $1.5 million cash which she owes no money on.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good evening. Are you going to give the home to her?

Customer: replied 1 year ago.
I think so, She owned the home prior to our 12 year marriage. She needed my name on the home mortgage refi so it would be easier for her to qualify but in order to do that she had to put my name on title first. She removed my name from the title (which I signed) shortly after receiving the new mortgage refi loan.
Expert:  FamilyAnswer replied 1 year ago.

Thank you for the additional information. At this point, as part of the divorce, you can advise the Judge that you do not want the liablity of being on the mortgage, when you have no legal right or interest in the home. As such, you can to ask the Judge to order that in X amount of time, she either refinance the home solely in her name, pay off the loan with the cash she receive or sell it. This way, in the event she stops paying, you will not be damaged.

Expert:  FamilyAnswer replied 1 year ago.

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