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?


Asked on 5/06/09, 12:42 pm

4 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Getting Name Removed from Mortgage

This should have been done during the divorce. What does your PSA say about it?

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Answered on 5/06/09, 12:57 pm
Robert Davies The Davies Law Firm, P.A.

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.

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Answered on 5/06/09, 1:07 pm
Gary Moore Gary Moore Attorney At Law

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

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Answered on 5/06/09, 2:05 pm
Antoinette Wooten The Wooten Legal Consulting, PC

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

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Answered on 5/06/09, 3:45 pm


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