My ex wife is on the deed to the house while I am on the mortgage. This was done while I was in a rehab and I was fine with it as they were nervous I might try to sell the house. For the first 3 years of our divorce I did not pay child support, I paid the mortgage every month as my ex wife and 3 children lived in the house. My main goal was to not make things harder on the kids so I wanted them to stay at the house. 2 years ago my ex wife took me to court to pay child support which was totally fine by me, however it was decided that she will start paying the mortgage since I am now paying child support. My ex and I are amicable, I have since been re married and straightened out my life. Only problem is my ex wife is always one or two months behind on the mortgage that is in my name and its killing my credit and my wife and I would like to buy a home. My question is is it possible to simply do a refinance of the home and during that procedure put the mortgage solely in her name? Like I said earlier we are amicable and both agree that is the best way we just don’t know how it works.
The only way to have your name removed from the mortgage is for your ex-wife to refinance it into a mortgage in her own name.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you so much Anna, that is what we figured, but I was not 100% sure. I appreciate your help!
I have an almost similar situation. Newly separated and I have recently moved. Our daughter (my stepdaughter) is about to go to college and my wife wants to keep the house of which the loan is in my name and we are both on the deed. She is legally disabled and is receiving disability benefits but cannot afford to support herself without my assistance. We are working on spousal support agreement to include the mortgage and a little extra for utilities. I want to sell the house, split the equity and move on, but she is currently insisting on keeping the house. What are my options?
If your wife intends on keeping the house, then she will need to be able to refinance the mortgage so your name can be removed. Alimony payments to her may help her refinance. Otherwise, there will be no choice but to sell the house and divide the equity.
Oftentimes mediation can help resolve these issues, plus any other contested issues, without needing to go to court and initiate litigation.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.