Legal Question in Family Law in Rhode Island

Re: After divorce My Wife can't get off Her Ex's mortgage

The Bank is under no legal obligation to remove your Wife from the mortgage. The Bank was not a party to the divorce proceedings therefore the divorce court did not have jurisdiction to order her name taken off. Some Banks will remove a name if the person can demonstrate they have no obligation AND the other obligor demonstrates a complete ability to qualify for the loan and assents to removal. This issue is usually addressed in the divorce agreement or judgement whereby a party has a limited time to refinance or get the bank to remove a non-obligated spouse. in the event such is not accomplished in the timeframe the house is sold Since i do not believe your judgement addressed the isssue i would suggest you file a modification If there is language in the decree to support an affirmative obligation on the ex-husband a contempt proceeding may be warranted. in any event you may need legal intervention to clear this issue.