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can't divorce til VA home loan is assumed by husband

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My husband and I separated July '01 in NC and after a year of separation we are able to file for divorce as soon as our home mortgage has been settled. I want nothing to do with this home other than get my name off of the loan. When I discussed options with the lending bank in Oct '01 I was told by them that he would have to qualify for assumption of the loan and that a "quick claim deed" was not a good option because my name would be on it for the life of the loan - which I do not want. The loan is through the Veteran's Administration. I was directed by the bank to contact them, and when I did they would not discuss the matter with me because I was the spouse, not the veteran/serviceman. I passed this info on to my husband, who did not pursue this further until Feb or Mar '02. He told me in Mar or Apr '02 that he had completed forms for a quick claim deed (he told me that the VA told him my name could be removed from the loan without being liable for the life of the loan) and mailed them to the VA at that time. He has not yet received a response from the VA. He told me that he has contacted them via mail, email, and phone and has still not gotten a response. from them. I need to know what I can do at this point and need to know if it is possible to have my name removed from the loan without future penalties.

We did sign a separation agreement through our lawyers and included in that agreement was that he was to assume the loan. Help!


Senior Member
I've never heard of a lender removing a name just like that, VA or otherwise. I could be wrong about VA, but you know something, I don't think I am. I think he's stalling or was given wrong information.

Since you have a lawyer, you need to speak to him/her about this matter. If he can't refinance the loan, you might have to ask the judge to order the house sold...he's been given a year, looks like he's run out of options.

Just my thoughts.



re: reply

Thanks KAT, that's what I figured. Going to see my lawyer as soon as I can get an appointment. I may be clueless when it comes to mortgage matters, but I'm pretty sure I smell a rat!

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