Legal Question in Real Estate Law in Massachusetts

You are looking to get your husband off the note not the mortgage. Assuming you are both on the note you need to either ask the lender to remove your husband and take your father as guarantor or co-signor or you have to refinance the mortgage.

There is no real easy way to remove your soon to be ex-husband otherwise. They do not need to remove his name from the Mortgage as he will not own the property post the divorce.

I do not know if the property has equity or not, but refinancing may be the easiert way forward.

Thank you for your question.

Whatever you decide to do, you will want to make sure that the parties' agreement with respect to the house and the debt is documented in your separation agreement and approved by the Court. I agree that refinancing the note may be the easiest strategy.

Please feel free to contact our office if you would like representation as you embark on this process.