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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
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Experience:  JA Mentor
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Thank you for your time I am divorced. In our settlement I

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Thank you for your time
I am divorced. In our settlement I "gave" my former husband three undeveloped lots we had purchased in Montana. I want to get my name off of all three loans. What do I have to do to get my name off of these loans?
Thank you

My name is XXXXX XXXXX I'd be happy to answer your questions today.

The only way to remove your name from the loans is to have them paid - the bank unfortunately will not remove a person's name merely because of divorce. They need to be able to collect from you should anything happen to your ex-husband. That means that the way to have your name removed is for your ex-husband to refinance the loans in his name only, if he is willing and able to do so.

Look at the divorce decree and the settlement agreement. If the documents require that he refinance the loans, and he has made no effort to do so, then he is in contempt of court and you can file an Order to Show Cause. If not, you can file a Motion to Amend and ask the judge to order him to do it. The judge can't make a bank give him the loan, but can at least order him to prove that he is trying.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
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