Racine, WI asked in Real Estate Law for Wisconsin

Q: How can I get my name off of my ex wife's mortgage?

I've been divorced since July 15, 2011. My ex wife remarried soon after that and I know she has the money to refinance the home. The problem is is she will not talk to me, the bank won't budge, and nobody has any answers except yes, you'll need to refinance the house. My credit is being ruined and I don't want to file for bankruptcy and ruin what credit I have left. I didn't have a lawyer at the time of my divorce but she had one. He failed to mention that this could be a problem for me down the road.

Related Topics:
1 Lawyer Answer

A: You failed to tell us important information: who has the house? Assuming your ex was awarded the house in the divorce, she should have been required to refinance it.

I'm also assuming that both of you had title before the divorce, and that both signed the mortgage note and the mortgage.

It looks like you should get court authorization to sell the house. If there is no equity, you will also need the bank to approve a short sale.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.