Legal Question in Real Estate Law in Georgia

Remove my name from a rental property mortgage with ex-husband

Divorced 4 years ago via mediation. I was stupid. Did not stipulate that ex must remove me from rental property mortgage but it did state that I didn't have any rights to it. He had me sign another form at a later time to give up all rights to it. Now he refuses to refinance and take my name off. I suggested he get his fiance or his parents to help him. He is angry with me because I was recently given full custody of our kids (based on a decision made by the judge and a Guardian Ad Litem and the children stating that they want to live with me more). What can I do? I need off that mortgage.


Asked on 5/15/06, 10:29 am

2 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Remove my name from a rental property mortgage with ex-husband

This is too complicated to give you a reliable answer in this type of forum. You should consult with a local attorney.

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Answered on 5/17/06, 5:58 pm
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Remove my name from a rental property mortgage with ex-husband

Those agreements would have to be carefully reviewed to see just what were the "rights" you gave up. Some of this is a little fuzzy because there aren't that many "rights" on being on a mortgage; rather, mostly "obligations". A critical and unclear fact is what is the title to the property. And you may not just be able to get your name off the mortgage by agreement with your ex-. It may very well, and probably will, require the agreement of the lender. You really need to hire a lawyer.

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Answered on 5/15/06, 2:04 pm


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