Q: Can i get out of mortgage after divorce?
My ex was awarded our home in the divorce. He was to refinance and get my name off. He passed away 4 months later before doing so. Can i get out of the mortgage? There was no estate opened, just his will. The house was willed to our minor son.
A: This sounds like a very complex situation with several issues- the will needs to be probated, the property needs to be sold to pay off the mortgage and if the owner is a minor, court approval will need to be obtained to complete the sale. I STRONGLY suggest you consult an experienced real estate/probate attorney asap to guide you through the process. Selling the property and paying off the mortgage will release you from the debt also.
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