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Mortgage Divorce questions

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oakland

Junior Member
What is the name of your state (only U.S. law)? AR
My husband and i are getting divorced. We own a home and some land. The value of the property is probably 50000 more than we owe. I have agreed to give it all to my husband so that my son can live there till he graduates from High School next year.

My problem is the mortgage company says they will not remove my name from the loan because my husbands income and credit worthiness is not sufficient. My husband cant refinance the home so how do I get my name off the loan without making him sell the property. He can make the payments but I can't leave my name on the property for the next 15 years.

Please i will listen to any advice.What is the name of your state (only U.S. law)?
 


ShyCat

Senior Member
You can't simply remove your name from a mortgage. The mortgage company is not a party in your divorce and they have no reason to take on additional risk by releasing you from your obligation. If he cannot refinance it into his own name, he'll have to sell the house. Only then would you be released from the mortgage.
 

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