West Milford, NJ asked in Divorce and Real Estate Law for New Jersey

Q: How do I remove my name from a mortgage if my spouse can’t or refuses to refinance and only he is on our house deed?

My yet-to-be-divorced spouse wants us to sign an agreement whereas he will pay me a sum of money to remove myself from our house deed. We would both remain on the mortgage but he would assume full payments for a year at which time he agreed to refinance to remove me from mortgage. What if after a year he is unable to secure refinancing and/or refuses to and just continues to pay mortgage? Could a judge order him to sell what would then be his home as a means to honor his commitment in our agreement? Is there any other course of action I could take to remove my name from mortgage if this situation were to occur?

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1 Lawyer Answer
Leonard R. Boyer
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  • Clifton, NJ
  • Licensed in New Jersey

A: This is a very complex situation that would exceed what most attorneys will include in a free consultation. You really need to retain an attorney who is experienced in both matrimonial law and civil litigation, as well as mortgage foreclosure defense. There are too many moving parts to provide a meaningful answer based on so little information. With modern technology, you can be represented by any high-quality attorney in New Jersey irrespective of geography.

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