Legal Question in Real Estate Law in Alaska

Home Mortgage Difficulties

I was separated from my ex-husband in 1997, our divorce was final in 1999. He remained in the home that we purchased together. I signed a quit claim deed at time of divorce, but he still has not removed my name from the mortgage. I am remarried and my husband and I are in the process of purchasing a home, but are not able to do so until my name is off the first mortgage. My ex-husband refuses to take my name off, stating that he does not want to refinance. What are my rights? What is my next step?


Asked on 6/10/02, 12:44 am

1 Answer from Attorneys
Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Home Mortgage Difficulties

Unfortunately there is not much you can do. The only way to remove your name is by your former husband refinancing. I suggest you review your divorce agreement to determine your remedies. You might consider not owning the current property you want to borrow against. Hopefully, your curent husband has good credit on his own. That way the current mortgage company, will not consider your credit obligagions. However, you current husband will be in title to the current home. In addition, you might want to consult with legal counsel. If you refused to sign the deed you would be in a stronger bargaining position. If I can be of any assistence please let me know. Gerald Hershenson Esq. 215-579-9390

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Answered on 6/10/02, 9:52 am


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