Question by DeeZee: Regarding refinancing and mortgage?
I would like to know, from the legal standpoint regarding taking my name of a mortgage.
I am waiving my rights to a house that I bought with my ex husband. He is buying me out. He is giving me grief regarding refinancing the house and taking my name off of the mortgage. He is paying the house’s mortgage anyway, and the rates are much better anyway. The only reason he is not refinancing immediately is to make it harder on me to buy my own house.
In order for me to obtain a new mortgage for my new home is to have less liabilities and having my name on the old mortgage is a huge liability.
My question is, does the law say anything about my right of being taken off the mortgage, since the house is no longer on my name and since I waved my right to it on a divorce agreement. Or is it to his discretion only regarding when to refinance if at all.
Thank you for your answers.
I understand that he needs to refinance. But does the law gives him a timeframe wherein he has to refinance since I waived my right to the house on our agreement. Or does the law stay silence on the isue?
Best answer:
Answer by chatsplas
READ your divorce decree, property settlement.
Go to your divorce attorney.
Give EX one last chance, with timetable to refi.
Get him dragged in to court, and ordered to refinance.
Notify your old lender that you have been divorced, that your name is off title.
Add your own answer in the comments!
You do not have the right to have your name unilaterally removed from teh mortgage – that is a legal obligation between you (your ex-husband) and the bank. The only way to have your name removed is for your ex-husband to refinance in his name only or for the two of you to sell the house. Both of these will pay off the existing mortgage, releasing you from your legal obligation.
until you are no longer on the mortgage you will always be ultimately liable in case he defaults
relinquishing the right to the house did not absolve you of the loan obligation and until he refinances under his name only chances are slim and slimmer for your new loan