Legal Question in Real Estate Law in Indiana

Re: How do I remove my name from my ex's mortgage?

Unfortunately it is not up to your ex to get your name removed from the debt-only the mortgage company can do that. I suggest contacting the lender and asking them for an application to release you as an obligor on the debt-it is purely voluntary on their part, but if the account is current with no payment problems and there is sufficient equity in the real estate they may do it. Otherwise, your ex would have to refinance with the lender or another lender to get you off the note and mortgage-if the existing interest rate is higher than 7% he might consider refinancing.

Last, a letter to the underwriter of your new lender explaing that you no longer own the property and that there is equity in the old real estate.

Re: How do I remove my name from my ex's mortgage?

Unfortunately in Indiana there is no way to compel a former spouse to refinance to take your name off the mortgage unless the same is provided for in the decree or settlement. One thing that might help is to assert that you are merely a guarantor at this stage of the game on his mortgage due to the dissolution. Consult your dissolution attorney to see if he will give you an opinion that you are merely secondarily liable now and perhaps another mortgage company will consider you for a primary mortgage on other property.