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delta3504 
LSU Fan
Baton Rouge
Member since Mar 2009
1378 posts
| Ex-wife and mortgage (Posted on 10/21/12 at 4:26 am)
Is there any way to get my name off the mortgage of my ex-wifes house? We have been divorced for over two years and the house was awarded to her. However, my name is still on the house note. Therefore, when she pays the bill late, it shows on my credit. Is there any way to do this without her having to refinance? She is not in any position to do that.
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Mercy Percy 
Florida Fan
Norman Oklahoma
Member since Oct 2009
1140 posts
| re: Ex-wife and mortgage (Posted on 10/21/12 at 6:44 am to delta3504)
U fricked yo. U have to refi.
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delta3504
LSU Fan
Baton Rouge
Member since Mar 2009
1378 posts
| re: Ex-wife and mortgage (Posted on 10/21/12 at 6:58 am to Mercy Percy)
Why would I refinance? I don't own the house anymore.....YO.
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Mercy Percy
Florida Fan
Norman Oklahoma
Member since Oct 2009
1140 posts
| re: Ex-wife and mortgage (Posted on 10/21/12 at 7:11 am to delta3504)
To get ur name off of it... And protect your credit.
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Layabout 
UNO Fan
Baton Rouge
Member since Jul 2011
4478 posts
| re: Ex-wife and mortgage (Posted on 10/21/12 at 7:20 am to delta3504)
Your ex is the one who has to refinance. I'm surprised that this wasn't specified in the court-ordered settlement. If she doesn't have any credit, she can get someone to co-sign. You're no longer the owner of the property in the courthouse records, but you are still the debtor as far as the mortgage company is concerned until she refinances.
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West Monroe
west Monroe, la
Member since Jan 2005
828 posts
| re: Ex-wife and mortgage (Posted on 10/21/12 at 8:13 am to delta3504)
She has to do either do a refi or an assumption with the mortgage company. The assumption is cheaper, but more strict on the guidelines. Even though she was awarded the property, you are still responsible for the debt until she refis or does the assumption. Some divorce decree give a time limit to get your name off or the house has to be sold which of course cancels the debt. You might have to get your attorney invovled. If she hasn't done either one, it's still showing on your credit report as one of your debts.
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CajunTigerBabe
LSU Fan
Lafayette
Member since Sep 2012
206 posts
| re: Ex-wife and mortgage (Posted on 10/21/12 at 9:24 am to West Monroe)
Unfortunately, the only way to get your name off is for her to refi. If she is unable to refi, you need to get an attorney to force her to sale. I deal with this all the time. It really sucks how these laws work.
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West Monroe
west Monroe, la
Member since Jan 2005
828 posts
| re: Ex-wife and mortgage (Posted on 10/21/12 at 9:46 am to CajunTigerBabe)
Unfortunately, the only way to get your name off is for her to refi--- not true....An assumption with the mortgage company is an option. If she has poor credit or high debt to income ratio she will not qualify for an assumption. At that point either refi or selling property is only option.
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CajunTigerBabe
LSU Fan
Lafayette
Member since Sep 2012
206 posts
| re: Ex-wife and mortgage (Posted on 10/21/12 at 11:19 am to West Monroe)
Most mortgages are not assumable these days. If the mortgage us assumable, she would more than likely not credit qualify. I would call the lender that is holding your mortgage to see if you have any other options. I have heard on a few cases that a lender may remove you from the mortgage if your property settlement clearly states that you are no longer responsible for the mortgage. This is not the norm, however.
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StrangeBrew
LSU Fan
Salvation Army-Thanks Obama
Member since May 2009
11486 posts
 Online
| re: Ex-wife and mortgage (Posted on 10/21/12 at 12:28 pm to delta3504)
Have you sent the mortgage company the divorce decree?
If she cant afford the house, tough shite for her.
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ZereauxSum
LSU Fan
Atlanta, GA
Member since Nov 2008
5775 posts
| re: Ex-wife and mortgage (Posted on 10/21/12 at 6:28 pm to StrangeBrew)
quote:
If she cant afford the house, tough shite for her.
It's actually tough shite for her and the OP.
They are co-obligors for the debt, unless the lender decides to release him from the note. If they don't, anything the wife does or fails to do will reflect on his credit report.
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hawkeye007
LSU Fan
greenwell springs
Member since Feb 2010
1234 posts
| re: Ex-wife and mortgage (Posted on 10/22/12 at 10:27 am to delta3504)
the only way to get you name off is to refi the house.
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TROLA
LSU Fan
BATON ROUGE
Member since Apr 2004
5214 posts
| re: Ex-wife and mortgage (Posted on 10/22/12 at 11:23 am to delta3504)
This should have been brought in your settlement agreement. If it wasnt, you had a shitty attorney
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LSU0358
LSU Fan
Member since Jan 2005
4591 posts
| re: Ex-wife and mortgage (Posted on 10/22/12 at 11:25 am to delta3504)
quote:
house was awarded to her.
Figured part of the deal would have been to have your name off of the mortgage then...If it wasn't, your attorney sucked.
This post was edited on 10/22 at 11:26 am
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CoolHand 
USA Fan
Member since Dec 2011
1454 posts
| re: Ex-wife and mortgage (Posted on 10/22/12 at 11:40 am to TROLA)
quote:
This should have been brought in your settlement agreement. If it wasnt, you had a shitty attorney
This. And a good warning for anyone else going through a divorce. I've heard of this quite a bit. The wife has no incentive to refinance.
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LSU0358
LSU Fan
Member since Jan 2005
4591 posts
| re: Ex-wife and mortgage (Posted on 10/22/12 at 11:43 am to CoolHand)
quote:
The wife has no incentive to refinance.
Depending on how long they've had the house, it might actually help her out several hundred a month. Can probabaly get ~4% at the moment.
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CoolHand
USA Fan
Member since Dec 2011
1454 posts
| re: Ex-wife and mortgage (Posted on 10/22/12 at 11:47 am to LSU0358)
quote:
Depending on how long they've had the house, it might actually help her out several hundred a month. Can probabaly get ~4% at the moment.
Well, there's that. However, she might enjoy keeping him on the hook. Also, it sounds like her credit could be shot.
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LSU0358
LSU Fan
Member since Jan 2005
4591 posts
| re: Ex-wife and mortgage (Posted on 10/22/12 at 12:00 pm to CoolHand)
quote:
she might enjoy keeping him on the hook.
Yep, hell hath no fury and all that jazz.
But I'd figure any reasonable person would want to save a few hundred a month. But I've yet to find a woman were reason is used to make a decision.
If she won't refi, I'd go back to court in a heartbeat. Tell her it's court and lawyer costs, or refinance the house.
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VABuckeye 
Ohio State Fan
Oak Hill, VA
Member since Dec 2007
8147 posts
| re: Ex-wife and mortgage (Posted on 10/22/12 at 12:16 pm to delta3504)
This should have been taken care of when the divorce happened. No offense, but you didn't take care of the issue when you needed to address it.
Now it appears that you've signed a quit claim deed with your name still on the mortgage.
This post was edited on 10/22 at 12:17 pm
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CajunTigerBabe
LSU Fan
Lafayette
Member since Sep 2012
206 posts
| re: Ex-wife and mortgage (Posted on 10/22/12 at 1:34 pm to VABuckeye)
In Delta3504's defense. I see this all the time. She couldn't refi until the divorce was final and the property settlement was done. Then, the courts usually give them a year or two to get it done. I have a friend that can't refi hers because she filed bankruptcy so I had to send her a letter of credit denial to present to the court and the attorney's.
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