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

Related Topics:
3 Lawyer Answers
Stephen K. Hachey
Stephen K. Hachey
Answered
  • Tampa, FL
  • Licensed in Florida

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

Terrence H Thorgaard agrees with this answer

Mr Eric Klein
Mr Eric Klein
Answered
  • Boca Raton, FL
  • Licensed in Florida

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

Seril L Grossfeld
Seril L Grossfeld
Answered
  • Fort Lauderdale, FL

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.