Q: How to get off 2nd mortgage with ex.
Hello. I am currently on the 2nd mortgage with my ex and we haven't been together for 5 years. She is still living at the property while i am not. and I'd like to get off the 2nd mortgage because sometimes she doesn't pay it and I'm forced to pay it or she just doesn't tell me at all if she will be late so I have a chance to pay it . I also have no paperwork of this loan. Is there anything legally on can do to try and get off of it. She won't even consider refinancing it. Thank you.
A: The bank will not release you, and the divorce cannot require the bank to release you. Review your divorce decree and separation agreement to see if it required a sale or refinance of the house within a time limit. If it did, then you can file a motion with the court asking to have her held in contempt, with an order from the court to refinance or sell the property to pay off the loan. Contact your divorce attorney, or use the Find a Lawyer tab to consult a local divorce attorney to advise you.
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