Q: Do you have to transfer a home loan debt if awarded home and debt in divorce court judgment?
My husband's ex wife was awarded the home and debt in the divorce in 2005. She has never done what ever is necessary, on her part, to have only her name on the home loan. Example refinance. We cannot rent or buy anthing while his name is on the home loan. What do we do?
A:
If the divorce judgment specifically provides that your husband's former spouse must remove his name from the underlying debt on the home, then he could file a motion with the court to force the sale of the home or force her to refinance the mortgage into her name alone.
He could also contact the mortgage company to see if they will agree to remove his name from the debt. Some companies will do this for a fee, if the former spouse has timely made all payments due.
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