Legal Question in Real Estate Law in New Jersey

Is there a simple way to remove a name from home ownership?

My wife and I were married 20 years. We have 2 children. We moved into our new home in Jan., 1999. Back in Jan., 2003 she walked out of our lives for another man, never to return. I have sole custody of my 2 kids who live with me 365 days/year. She also pays me child support. When we bought this single family home the interest rate on the mortgage was 8.25%. I would love to refinance down to a much lower rate thereby saving some money on monthly mortgage payments. But her name is on the mortgage along with mine and she, spitefully, refuses to agree to it. I cannot be forced to sell the home until my youngest (who is 9) is out of school/college. Since she has been gone for 3 years, has not resided here for one day since and has not paid a penny towards my house, is there any way I can have her name removed from the mortgage? People keep telling me that there are legal maneuvers that I could use in this frustrating situation. Any suggestions? I could never sell my home just to give her money because the term ''down-sizing'' no longer exists in our present society and I wouldn't have enough money to purchase something that would be smaller, yet cost more, than my present home. I feel like I'm stuck between a rock and a hard spot!


Asked on 1/21/06, 9:22 pm

1 Answer from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: Is there a simple way to remove a name from home ownership?

It sounds clearly that you could save hundreds of dollars maybe thousands every year, if you could just force the refinance of the house.

If you are asking these questions of your divorce attorney and not getting answers, then you need a new divorce attorney. If you do not have a divorce attorney, you need one.

Please give me a call if you would like my assistance. Just click on the links underneath my name. Good luck to you!!

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Answered on 1/22/06, 11:33 am


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