Legal Question in Real Estate Law in California
How can I force my X-husband to take my name off the home mortgage. He got the house in the divorce two years ago.
Asked on 10/06/14, 10:57 am
2 Answers from Attorneys
Anthony Roach
Law Office of Anthony A. Roach
Taking your name off the encumbrance (which is a deed of trust, not a mortgage) requires lender consent or a refinance. You may need to talk to a family law attorney who will want to review the terms of the divorce judgment.
Answered on 10/06/14, 11:50 am
William Christian
Rodi Pollock
I agree. Your husband can't just remiove your name. The lender has to. That is not easy to accomplish unless your ex refinances or sells. It is in the Lenders descretion, depending on the documents. You can put a statement in your credit report as to the factual circumstances.
Answered on 10/06/14, 2:12 pm