Knoxville, TN asked in Family Law for Tennessee

Q: Im on the mortgage and my wife is on the deed with me. How to get my name off so she can keep the house. Her credit bad

We both agree to divorce. No kids together. She is in bankruptcy. She in Alabama and I’m moved to tn a yr ago

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Knoxville, TN
  • Licensed in Tennessee

A: Getting your name off the Mortgage/Deed of Trust and/or Note will not be easy. Possibly Wife can refinance it or sell the home. But both may be impossible with her BR, and she could discharge the debt leaving you solely liable on the Note if you signed it. If you are only on an Alabama Mortgage and not the Note , then you are not personally liable and it is not your debt. Again if possible, get Wife to refinance.

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