Beverly, NJ asked in Divorce and Real Estate Law for Virginia

Q: Good evening, I recently divorced my spouse and want to have his name removed from my mortgage loan. Is that possible?

My home is located in Virginia Beach

Related Topics:
2 Lawyer Answers
Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Virginia

A: That's something that should have been resolved in the divorce settlement. You'll need to refinance, assuming you can carry the house on your income, including alimony, alone.

Ross Cameron Hart
Ross Cameron Hart
Answered
  • Salem, VA
  • Licensed in Virginia

A: Mr. Sternberg is correct - you'll have to refinance to do it. Lenders are a pain in the neck on this stuff - assuming you actually find someone at the loan servicing company who understands what you're doing. The important thing is to get a deed from your ex for their share of the property so you own it completely subject to the loan.

In my experience divorce lawyers are not too skilled on the nuances of mortgage loans and don't give good advice.

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.