Legal Question in Real Estate Law in New York
Property given to husband in divorce still on my credit report
How do I release my name from the property given solely to my ex-husband stated in our divorce decreed? My credit history is showing that I have a mortage in New York, and in Florida, causing negative credit availability.
1 Answer from Attorneys
Re: Property given to husband in divorce still on my credit report
Unless you have a willing lender, you will not be able to get your name off the current mortgage on the property you owned with your ex during the marriage. When you applied for and received the loan, both parties used their credit to qualify. Lenders generally will not release one of the parties unless the mortgage is paid in full. There is a clause in your mortgage that says that you are jointly and severally liable.
The only to overcome this problem is to convince your former husband to refinance the mortgage. In doing so, you will no longer be obligated under the mortgage.
Scott R. Jay, Esq. 305-249-8000
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