Legal Question in Family Law in Montana

I want to know if my husband's name can come off of the mortgage note without having to refinance, or do I have to automatically have to refinance or assume a loan to rebuy my house? Is there any other way to keep my house, if the judge agrees and my husband.


Asked on 9/16/09, 12:55 pm

1 Answer from Attorneys
Carolyn J. Stevens CJ Stevens|Law

Your best bet is to ask the mortgage company. Usually, the note holder will not take one party off the note -- if Party 1 fails to pay, Party 2 is still on the note. It you are not able to refinance on your own, your spouse might just have to trust you to pay.

If that should happen, make sure your attorney describes this possible situation in simple terms so everyone -- you, your spouse, and the court -- knows exactly what each party is supposed to do.

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Answered on 9/21/09, 4:05 pm


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