Getting name off home loan

Yes, they can come after you for payment. No you can’t take your name off the loan unless your ex refinances.

Unfortunately, if the house forecloses, your credit will be mush too. Anything joint account-wise is tied to you. If HE is supposed to pay on an account and doesn’t, it affects you too.

BEEN THERE DONE THAT. It is a hard lesson and takes a long time to pull up from that.

Yes, credit will suffer for sure.

Do I have any recourse against ex for the mishandling of funds and what I see as fraudulent activity?

In equitable distribution she will have to account for the funds she received. If she did not use these funds to pay the mortgage and as a result the home went into foreclosure this could be considered marital waste. This is a factor the court will take into account when dividing your marital estate and could penalize her monetarily for her actions.

I do not know if you can bring an action for fraud against her, this is an area of law that I do not handle.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Sutton Station
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Durham, NC 27713
Phone: (919) 321-0780


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Both parties on home loan. Home is used as rental property and has been for last 2 years, using a company as the Rental Agency. Renters have been in home for the entire time but the renters in now haven’t been there a year yet, but per rental company on phone call today have been paying on time rent to agency the entire time through current.

Ex has been receiving the checks from the rental agency and not paying the house payment with them. House payment is 4 months behind and going into foreclosure.(Actually, payments were made, but checks bounced and they haven’t received a full months mortgage payment since April).

Checks are in both our names from the rental company paying for the rental each month. It appears the ex has been depositing the checks with both names to their bank account- individual account, not a joint account, as we have been separated for a year. I have not seen a check in over a year since we have been separated and all have gone to the ex.

I’m going through my attorney to get my name taken off the home loan, which means the ex will have to buy me out or at least refi the house to take my name off the loan.

I believe I could be held partially liable if the renters are kicked out of the house due to the foreclosure, the rental agency could come after me also since my name is on the rental agreement and was until this week. I was just made aware last month that the house payments were not being made.

Is the ex breaking any laws by doing what they are doing? Fraud? Forgery? My attorney tells me I haven’t broken any laws, but that I can be liable if the renters are kicked out and I know I may be liable to the mortgage company since my name is on the loan. Would the ex’s blatant disregard for doing the right thing bode well for me, or would I just have to sue him as well. My attorney says we can go back and file to separate me from the loan, but if it is going into foreclosure, I’m sure the lender won’t let the ex refinance it to remove my name.

Will I be okay or am I in a heap of trouble even though the only thing I feel was wrong on my part was to forget to add that home into the separation agreement and have the ex refinance prior to now.

Thank you.