Legal Question in Family Law in New Jersey
Getting Name Removed from Mortgage
How do I go about getting my name removed from a mortgage on a property that my ex-husband got in our divorce settlement back in 1996. According to the papers, he is solely responsible for the mortgage and property. My name is still on the mortgage, however, and it shows up on my credit report which represented a problem with my trying to get a loan. Do I have any legal options? I've written my ex-husband but have gotten no response from him. Can he be forced to refinance the mortgage?
4 Answers from Attorneys
Re: Getting Name Removed from Mortgage
This should have been done during the divorce. What does your PSA say about it?
Re: Getting Name Removed from Mortgage
It will depend on what the divorce settlement says, but you should be able to get him to refinance, or to sell the house. Your credit should not be tied up forever.
If you would like me to help you, please give me a call; I am in Hackensack (northern New Jersey). I will be happy to discuss this with you; a brief telephone consultation will be free.
My contact information can be obtained from the links below, just click on the Attorney Profile link.
Let my secretary know you found me through LawGuru.
Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Re: Getting Name Removed from Mortgage
You can file a motion to require him to refinance. Given the low interest rates for a mortgage this seems quite feasible.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Getting Name Removed from Mortgage
What type of interest do you have in the property, is it a tenancy in common, by the entirety, etc?
You may need to file to have the property partitioned.
You should also have the co-owner buy you out of the property.
Antoinette M. Wooten, Esq.
Belleville, NJ