Remove the Ex from the Mortgage

[rgh1020]

What is the name of your state (only U.S. law)? Maine

Please help me find an answer for Kate...
Recently divorced, (approx one year), Kate has two children, 10 and 5 years of age. After the divorce settled, Kate was awarded the home, and the ex-husband, let's call him Dick, received joint custody of the children (although he never sees them because he lives in another state). Dick's name was eventually removed from the Deed, but remains on the mortgage. Dick pays NOTHING toward the mortgage, yet he wants to claim the house come tax time. Can he do that?

In addition, it's been difficult for Kate to refinance or receive a loan modification, even with her miniscule salary. Is it because Dick's name is still on the mortgage? If so, How can she get Dick off the mortgage?

Any assistance and/or guidance is truly, truly appreciated.
Thanks,
Kate's familyWhat is the name of your state (only U.S. law)?

 

[mistoffolees]

What is the name of your state (only U.S. law)? Maine

Please help me find an answer for Kate...
Recently divorced, (approx one year), Kate has two children, 10 and 5 years of age. After the divorce settled, Kate was awarded the home, and the ex-husband, let's call him Dick, received joint custody of the children (although he never sees them because he lives in another state). Dick's name was eventually removed from the Deed, but remains on the mortgage. Dick pays NOTHING toward the mortgage, yet he wants to claim the house come tax time. Can he do that?

In addition, it's been difficult for Kate to refinance or receive a loan modification, even with her miniscule salary. Is it because Dick's name is still on the mortgage? If so, How can she get Dick off the mortgage?

Any assistance and/or guidance is truly, truly appreciated.
Thanks,
Kate's familyWhat is the name of your state (only U.S. law)?

You've got it backwards. Dick's name on the mortage isn't hurting her a bit - in fact, it sounds like she wouldn't have a mortgage at all without him being on it.

If she qualifies, and since her name is on the deed, she can get a new mortgage. It has absolutely nothing to do with whose name is on it now.

She should shop around, but if she doesn't qualify, there's nothing anyone can do to help her.

 

[Ronin]

The only way she can get Dick off the mortgage is to refinance the home in her name alone. However, if she cannot qualify for a home mortgage on her own with her income, then that is not an option for her.

Is her name also on the mortgage? It is possible that she was on the deed but not the mortgage. If her name is not on the mortgage she cannot deduct the mortgage interest on her tax return. If her name is on it she can.