Legal Question in Family Law in Massachusetts

Re: Divorce - Deed and Mortgage

She is not required to re-finance unless the agreement says so. That should have been written in your agreement. You have no right to get your name off the mortgage. You can ask her to do that. If your divorce was recent, you can move the Court to require it as an amendment to the divorce judgment. The other thing is to ask the bank holding the mortgage to give you a letter absolving you from the debt. They will sometimes do that, sometimes not. But this is an important issue. Aside from potential nonpayment problems, it may be difficult for you to buy a house if you are already indebted on that old mortgage.

Jerry Aaron

Re: Divorce - Deed and Mortgage

The prior answer is quite correct. Unless you are still within the Nisi period, you probably cannot get the judgment amended, especially given the high odds that it was entered by agreement.

With that in mind, the question is why you need the mortgage refinanced. If, as suggested by the prior answer, you want to clear your credit by getting the loan out of your name, you likely have only one good bit of leverage: offer to help her obtain the refinancing. Pay a few thousand toward the costs of closing, etc., and emphasize the benefit she will be getting by virtue of the refinancing -- perhaps a lower monthly payment.

This option is probably no more expensive than hiring a lawyer to lose on an attempt to modify an agreement which is probably not going to be modified.

Unless the specific circumstances mandate that the wife retain an old mortgage, my agreements have a grace period of between three and five years before the homeowner must refinance or sell, because it is usually unfair to lock the other partner up for decades on end.

Re: Divorce - Deed and Mortgage

I'm going to disagree with my brother... your mortgage very likely contains a requirement that it be paid in full whenever there is a change in ownership. If you notify the lender that you "SOLD" your 1/2 interest, they can begin foreclosure proceedings. If your ex will not refinance in her name alone, you can have the court Order her to do so or sell the house.

Re: Divorce - Deed and Mortgage

I'm going to disagree with my brother... your mortgage very likely contains a requirement that it be paid in full whenever there is a change in ownership. If you notify the lender that you "SOLD" your 1/2 interest, they can begin foreclosure proceedings. If your ex will not refinance in her name alone, you can have the court Order her to do so or sell the house.