Legal Question in Family Law in Kentucky

how to get ex-off mortgage

I was awarded my home, but my ex-is still on the mortgage, how do I get him off? He can not be located at this time, does'nt pay child support....please help


Asked on 9/30/03, 3:21 pm

1 Answer from Attorneys

Philip Owens Philip M. Owens, Attorney at Law

Re: how to get ex-off mortgage

Why are you worried about it? As long as the judgment gives you the property, the title is in your name and as long as you can make the payments, you should have little problem. In most cases, the bank is the only one that can take his name off the mortgage. The mortgage does not give him any rights except to the extent that he would have to be responsible if you defaulted and then only to the extent that he made payments on your behalf. This might be set off against the child support (if any) that he might owe. As a first step, consult the attorney who represented you in the divorce to advise you in light of the decree or judgment in your case. Second, discuss refinancing with your mortgage holder. This may not be a problem unless your mortgage is held by a large national mortgage company-then good luck. See your attorney.

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Answered on 10/01/03, 7:13 am


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