Legal Question in Family Law in New York

That depends on the separation agreement between you (you DO have one?). If she agrees to take on the mortgage on her own, then she must make a good-faith effort to refinance the house without you. If she cannot refinance the house (and that is a real possibility in this economy), then you stay on the existing mortgage until either the house is sold, the mortgage is paid off, or the mortgage is defaulted sufficiently for the house to go into foreclosure.

Bank makes the decision of whether to allow your ex to remove you from the mortgage. Without knowing her income and credit history, I can't even guess whether Bank would allow your ex to assume or refinance the entire mortgage herself, thus removing you.

A drastic way off of the mortgage is for you to file a bankruptcy petition that properly lists the mortgage debt. That removes you from the mortgage, but kills your credit for a few years.

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