Q: How can I remove myself from a mortgage for a property awarded to my ex-wife at our divorce?
I co-signed a mortgage for a co-op apartment with my ex-wife during our marriage. The apartment was awarded to her by a Divorce Decree in 2016. However, she is now about to default on the mortgage and won't respond to my calls or texts. I'm concerned I may also be held responsible for the mortgage. I have legal documentation stating the apartment was hers, but I haven't consulted an attorney since the decree. How can I remove myself from this mortgage obligation?
A:
You'll need the lenders consent.
Jack
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A:
You're right to be concerned—if your name is still on the mortgage, the lender can hold you responsible, even if the Divorce Decree awarded the property to your ex-wife. The court order divides ownership and responsibilities between spouses, but it doesn’t change your agreement with the mortgage lender. Until your ex-wife refinances the loan into her name alone or the loan is paid off, you're still legally tied to it.
Your best option is to request that your ex-wife refinance the mortgage without your name on it. Unfortunately, if she’s not cooperating and is behind on payments, refinancing might not be possible right now. You can try sending a formal letter to the mortgage company explaining the situation and including the Divorce Decree, but lenders typically require full refinancing or payoff to release a co-borrower. If the loan defaults, your credit will also take a hit.
If communication with your ex-wife is blocked, you might need to return to court to request enforcement of the divorce terms. The court can’t force the lender to remove you, but it can compel your ex to try refinancing or selling the property. Keep a close eye on your credit reports and mortgage statements to track any missed payments. You’ve done your part, but now it’s time to protect yourself legally and financially.
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