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DrakeLAW, Lawyer
Category: Real Estate Law
Satisfied Customers: 741
Experience:  Attorney at Drake Law Firm PLC
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My husband would like to get s name out of s ex-wife's

Customer Question

Hi, My husband would like to get his name out of his ex-wife's current house. She has declared bankruptcy but kept the house and she is still paying the monthly payments. She " says" she tried to get his name out but couldn't do it because they didn't allowed her to refinance on her name. Their divorce did not end well so she is not cooperative.
Additionally he has another house " underwater" that also has both names. We would also like to take her name out of this property. please help, as we do not know what to do.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Alex Esquire replied 1 year ago.

Hello. My name is ***** *****

Thank you for your question.

I will be happy to provide you the information you are seeking for educational purposes only.

Can you please let me know what is your legal question about the situation you have described?

Customer: replied 1 year ago.
Hi Alex,1) We need to know how can you help us get his name out of his ex-wifes property and his property
Expert:  Alex Esquire replied 1 year ago.

Thank you for your follow up.

This website is limited to legal experts, such as myself, providing customer with general answers to customer's legal questions and we do not provide any type of legal service or legal advice.

So, if you have a legal question about the situation you have described, I will be happy to provide you with a general answer for educational purposes only.

Thank you.

Customer: replied 1 year ago.
banks are doing nothing for us, thought a real state lawyer would be able to help with this procedures
Expert:  Alex Esquire replied 1 year ago.

It appears that you are seeking legal service which can only be provided by your local attorney.

I will opt-out of your question at no charge to you and will open your question up for other legal experts to review.

Customer: replied 1 year ago.
Expert:  DrakeLAW replied 1 year ago.

Hello and welcome to JustAnswer, my name is ***** ***** I am an attorney. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. This question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

It sounds to me like when you say get his name out of his ex-wife's property you are talking about getting him off the loan is that correct?

Thank you for your question. You can still ask clarifying questions if needed until you are satisfied, there is no charge for follow-up questions. It has been my pleasure to assist you and I welcome you to request my assistance in any future legal questions you may have, by simply placing my name in the first sentence of your new question. It is important that you are 100% satisfied with my courtesy and professionalism. Finally, please be so kind as to promptly rate this answer favorably so that I may be compensated and the question may be closed in the system. I wish you the best in your endeavors! –Rich

Customer: replied 1 year ago.
how to het his name out of the mortgage loan considering she has declared bankruptcy. How does that affect my husband ?
Expert:  DrakeLAW replied 1 year ago.

Well unfortunately, he can't get his name off the loan unless the bank agrees (which they won't) or if she refinances. There is really no way to force her to refinance unless it was stated she must do so in the divorce decree. If it does state anything like that, then perhaps she can be forced using the contempt powers of the divorce court. If she continues to make the payments though, even though she has filed bankruptcy, it really doesn't affect him in any bad way. Lastly, if the property gets sold, then his name would come off the loan when it gets paid off. That is another option, but again, those issues are all handled through the divorce case. Outside of the divorce court, there is no way to force his removal from the loan.

Does that help?

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