Stockbridge, GA asked in Divorce and Real Estate Law for Florida

Q: I need help with house in a divorce

I have a mortgage loan with my ex wife. The loan Is With Regions bank. They won't do an assumption or refinance. They told me I have to go through court to have name removed. How do I do that? Property is in chipley, fl

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3 Lawyer Answers

A: An assumption or refinance are the only options to remove a name from a mortgage.

Terrence H Thorgaard agrees with this answer

A: I do not believe the information you were given is completely accurate. In order to remove your name from the mortgage you would have to either have your ex wife refinance the loan or sell the home. If your ex wife cannot or will not refinance, you could go into court and force the sale of the home by filing a Motion to Partition the home. Good luck!

Terrence H Thorgaard agrees with this answer

A: At best the Court in which the dissolution of marriage proceeding was in can remove your name and order your ex wife to pay the mortgage, but this will not remove you from liability under the mortgage, she will need to refinance in her name only.

Terrence H Thorgaard agrees with this answer

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