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Richard, Attorney
Category: Legal
Satisfied Customers: 55607
Experience:  Attorney with 29 years of experience.
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last year i got a divorce. my lawyer told me i could not get

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last year i got a divorce. my lawyer told me i could not get my name off mortgage of house or loan for pickup even though ex-wife got those in settlement. she said it was contract law. is this true?
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. It's up to the lender as to whether or not you can get released. Unfortunately, there are two contractual relationships here...the one between you and the bank and then the one between you and your husband. No matter what you and your ex-wife agree upon, in order to get off the mortgage, you will either need to get the bank to release you from the mortgage, refinance the property, or sell the property. You don't want to give up your interest in the property until one of the three happens; otherwise you give up your leverage to force a sale. If the bank won't release you, if your ex-wife can't or won't refinance without you, or your ex-wife won't agree to simply sell the property and pay the mortgage, then as a co-owner, you can file a suit for partition. The result of such a suit will be that the court will order the property sold, the mortgage paid, and any remaining proceeds divided.

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you could get released without the lender's consent, but, I can only provide you information based on the law so that you can act on the best available information to you. ………..I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 4 years ago.

i could file for partition as you said, but she is underwater on the mortgage with housing prices as they are. she had 2 years to get it refinanced in her name per court agreement. but i feel it shouldnt affect me if she has trouble getting it refinanced. not my problem, as they say.

Thanks for following up. You do have a cause of action against her directly due to her breach of your divorce settlement. Filing this suit would likely give her the incentive to sell the property and pick up. If it goes to suit, the court would also likely order the sale through this route as well. But, in the end, if she won't sell voluntarily, you do have to file suit forcing it because the lender simply has no incentive to release you. I'm sorry!
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Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help!