Q: I’m divorced and the mortgage is in both names. I have made all the payments since the divorce. He wants his name off t
The mortgage. He has accrued enormous debt since our divorce. I have no plans to sell the house. Is this possible.
A: If you are on the deed it cannot be sold from under you. However, he can only be off the mortgage if you refinance in your name alone and he agrees to sign the deed fully to you. Your divorce decree should have specified what happens to the house.
Jonathan David Warner agrees with this answer
You'll need to refinance the house, as this is the only way to do so - absent selling the house. Banks generally won't perform Mortgage Assumptions, absent a specific Order from a Court.
Contact an experienced attorney if you're looking to go the Assumption route...
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