Legal Question in Family Law in New Jersey

Release of financial obligation after divorce settlement
I was divorced several years ago. I purchased a new home and recently made application to refinance my current mortgage and was told that my name is still on the mortgage of my previous home - the one my ex still occupies, and that I am still obligated to re-pay that mortgage. In my divorce settlement I agreed to give the house to my ex for a small monetary settlement and stipulated that I was no longer responsible for the mortgage. How can I get my name removed from that mortgage without forcing my ex to re-finance? I would ask the attorney who ''represented'' me in the divorce, but as you can see, he was not very thorough.

Asked on 3/14/03, 10:16 pm

3 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

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Re: Release of financial obligation after divorce settlement

You will not be able to have your name "removed" from the mortgage. Your ex would have to refinance. On the other hand, most mortgage companies are only concerned about the obligation to pay. By establishing that you have no obligation, as per your divorce decree, that your ex is current, that he has been paying same on time and that there is adequate equity in the property to essentially assure that he will not default, you should be able to obtain a mortgage. This is usually the case. You must keep in mind, however, that this advice is based purely on the little bit of information that you have given to me. There certainly could be factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. If you have not retained an attorney, before you take any action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention Law Guru, there will be no charge for your first consultation. Good luck! Rob Gleaner

Answered on 3/15/03, 11:01 am

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