Getting the name off the deed/mortgage


#1

When my ex-husband and I divorced I left him the house. It states in our separation agreement that it is his residence and I no longer have responsibility for it or rights to it. However, my name is still on the deed and still on the mortgage. He has been unable to refinance or get approved for a loan assumption so what can I do to get my name off of the deed and mortgage? I understand that regardless of what the agreement says, if he defaults on the mortgage I can still be held accountable so I’d like to take care of this as soon as I can. Thanks


#2

DO NOT remove your name off the deed until he refinances!!

If you do, and he does not refinance, you will be held responsible for the mortgage but have no legal right to the house itself.

Does the separation agreement outline a timeframe for him to refinance?


#3

No, unfortunately, it does not. He has been paying the mortgage on time every month. But I would just feel better not having my name attached to it at all any more.


#4

I agree that you should not take your name off the property until your name is also off the mortgage. If you do it the other way around, you are still liable for the debt but do not have any collateral. Yes, the separation agreement says otherwise, but the lender will still go after you for the debt if necessary, and your only recourse would be a breach of contract action.

I would demand to see the refinance applications/denials, etc. from your ex-husband, and I would also try to start negotiating a modification of the separation that deals with the sale of the property to release you from the debt.