getting my name off of a property

Posted by: swangie6063

getting my name off of a property - 08/25/10 06:54 PM

My ex and I agreed that he would keep the primary home. The property is in his name, but the mortgage loan is in both of our names. He has not cleared up his credit and has not refinanced to get my name off of the mortgage loan-I want my name off of the mortgage loan-it is hurting my credit rating!
Posted by: tclements73

Re: getting my name off of a property - 04/12/11 08:48 PM

there is nothing that can really be down about it. You could take him in contempt but the judge can not force the bank to refi on the house. My ex has a loan that i ws on also when divorced and she never pays it and I am stuck with the annoying calls all the time. nothing i can do about it.
Posted by: soumynona2015

Re: getting my name off of a property - 02/27/15 09:00 PM

I disagree with tclements73. There is plenty you can do about it. Given that neither ex spouse is able to refinance and buy out the other, tclements73, and swangie6063 both have the same course of action.

As you are both on the mortgage, you can both request and get the mortgage records along with your credit reports. Then you file an action in court to order the house to be sold. At the hearing present your evidence that you are on the mortgage, that it isn't being paid, and that it's hurting your credit.

The judge will ask your ex a couple questions about why he/she isn't paying the mortgage and then order the property be sold. The house gets sold, and you are off the mortgage.