Q: divorced with no separation agreement need to get my name off the mortgage is there any way to do that
my name is on the mortgage and the deed of trust but not on the deed itself. there is only $18K owed on the house but he is living there and making the payments each month but he does not work and the payments got behind about 3 years ago when we divorced so they are continuing reporting behind on my credit and I'm in the process of trying to buy a home for me and my daughter but I'm running into road blocks because of this other mortgage. He has been very difficult through this entire process. I have spent $50,000 in lawyer fees and I have nothing to show for it other than the actual divorce. My lawyer withdrew from my case because I couldn't afford to pay him any longer.
A:
It sounds very much like you did your own divorce - if so, the situation you are in now is a prime reason why that is an incredibly bad idea. If property issues were not addressed at the time of the divorce, you can not now address that under normal equitable distribution. You likely should talk to a local real property attorney to see what can be done.
Worst case scenario, you are on the hook financially for property you potentially do not own. So there is likely very little incentive for your ex to work with you in any way. I wish I had better news. Maybe a local attorney can review your situation in more detail and offer better options. Best of luck.
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