Legal Question in Real Estate Law in Massachusetts

Responsibilities, when name is on mortgage of house no longer owned after divor

Is there any way for a divorced person to have their name removed from the mortgage on a house onced jointly owned when married? The spouse was going to remortgage (to put into their own name) and has not. The house is technically spouse's since divorce. Spouse is well behind in making mortgage payments, not due to any financial hardship. Since spouse is not cooperative, is there any way to take action without spouse to have name removed from mortgage? I pay child support. Could that be set up so it goes right to the mortgage? I am concerned that my children soon won't have a house to live in and my credit will be ruined. Legally am I responsible for this financially even though I no longer live there or have ownership?


Asked on 12/11/02, 11:16 am

1 Answer from Attorneys
Robert Trant Law Office of Robert R. Trant

Re: Responsibilities, when name is on mortgage of house no longer owned after d

As long as your name remains on the mortgage, you would be responsible for re-payment. If the lender does foreclose and the sale proceeds do not cover the balance, you would be personally liable for the difference. If the agreement to refinance the house to remove your name from the mortgage was part of the divorce agreement, you should file a motion with the court requesting enforcement of the agreement. I assume you have already signed a deed transfering your interest to you ex-spouse. There is no way to divert your support payments to the mortgage. The support payments are meant to support the children. I assume the agreement stated that your ex would pay the mortgage on the property. If this is so and your ex is not paying, you should include this in your motion to the court.

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Answered on 12/11/02, 1:17 pm


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