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Español. Removing spouse's name off mortgage/loan if one party is living in house
Although I cannot speak to your specific situation or how matters like this are handled in STATE, in some situations where a couple is divorcing and one spouse is granted possession of the home and is the only spouse living in the home, there may be a clause included in the divorce decree that orders both spouses to take any actions necessary to try to get the other spouse’s name (who is not living there) removed from the mortgage/loan. However, I do not know if this is commonly done in STATE or not. Also, another factor that may complicate things is that since the bank or lender has an agreement with both spouses, the bank/lender may refuse to remove one spouse’s name from the loan. Sometimes, for example, the remaining spouse may not have good enough credit to be a sole recipient of a loan or there may be another reason why a bank/lender may not want to only have one person on the hook for a mortgage or loan. Again, I cannot speak to your specific situation or to what possible options there may be for you in this situation.
WomensLaw does not have any information on this specific topic so I did some research online and found a website that seems to have information on this topic.
However, please note that we are not affiliated with this website and cannot vouch for the accuracy of any information contained on it. You may want to talk to a divorce attorney in STATE for advice and for the specifics about what is generally done in STATE. You can use this link to Find a Lawyer in your state.
[ADD THIS IF THE DIVORCE IS FINAL AND THE WRITER WASN’T REMOVED FROM THE MORTGAGE BUT WANTS TO BE: Perhaps you may want to consult with an attorney who specializes in divorces and has experience dealing with these issues who can tell you whether or not there is anything you can do at this point to try to modify the divorce order in some way to try to get assistance from the other spouse in removing yourself from the loan – again, unfortunately I cannot say what options you may have. ]
You can also find basic information about the divorce laws in STATE in case it’s helpful in any way. [HYPERLINK]
