Legal Question in Real Estate Law in Florida

Divorced Spouces Liability On Fla. Mortgage

Divorced x-husband is living on property purchased during our marriage, he wants to keep the property but does not want to remove my name from the mortgage. This is a VA loan. How do I remove my name from mortgage?

There is no simple answer to your question. You can not unilaterally have your name removed from the mortgage agreement. The property would have to be re-financed and the old mortgage paid off to remove your name. You did not say if you are still part owner or if this is your V.A. loan. If you could afford it and are still part owner, you could force the sale of the property with a partition action and out bid your ex-husband at the sale; you could then sell or refinance the property.Your best bet is to get him to re-finance and buy you out. You really needed to address this matter in the divorce. Now he is less likely to cooperate unless it is to his advantage. If you still have a part interest in the property, offer him a discount. You may have to live with this situation until he decides to sell or refinance.

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Divorced spouse liability

Mr. Fernandez is right. The refinancing is goingto have to be agreeable to both you and yourex-husband. With interests as low as they areit would probably be to his advantage to refinance.You may want to offer an additional incentivelike paying the closing costs.