How Can I Get My Wife to Remove My Name From the Mortgage?

Share the Knowledge!

With my divorce, I did a quick deed to my wife on the house. She never has taken my name off the mortgage and now has remarried and moved to another state. The house is sitting empty and losing value due to no maintenance. The mortgage payments have all been made on time but I am now moving on with my new life and wanting to purchase a new home. The past mortgage is affecting the amount of a new loan I can get. Is there anything that can be done to force her into removing my name from the mortgage? Also, is there any protection I have to prevent her from renting out the house and having it depreciate any further?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

Does your divorce settlement address whether or not your name was to be removed from the mortgage note? If so, you wife could refinance the house into her name alone which will remove you from the note. If you are required to continue paying the mortgage per court order, you must continue doing so as required. Since you signed over your interest in the property, you do not have a legal right to prevent her from renting out the house.

Share the Knowledge!

Author: House Attorney