Legal Question in Real Estate Law in Wisconsin

In a divorce i signed a quit claim deed. my x-husband is fully responsible for both the first and second mortgages and all the credit card debt per court order. i tried to buy a car and had a 713 credit score they said i couldn't get the loan because the mortgages and credit cards are still on my credit report. my name is on the note for the first mortgagee still and second mortgage also. how can i get it removed. its about 400,000 of debt hanging over my head.


Asked on 4/16/10, 10:05 am

1 Answer from Attorneys
Thomas Schober Schober Schober & Mitchell, S.C.

Your Ex has the obligation to pay the debt, but that is only between him and you, as directed by your divorce judge. As far as the creditors are concerned, if the debt is not repaid, they can proceed against anyone on the note and against the collateral. If you think you have a strong position and that your Ex can get refinancing on his own, you may consider going back to divorce court and asking the judge to order him to refinance to get your name off the notes. Then it becomes a question as to whether he can possibly do that. Good luck!

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Answered on 4/21/10, 10:41 am


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