Posted August 26, 2015 11:41am
Posted August 26, 2015 12:47pm
I agree with the other attorneys--check to see if there's "what if she doesn't refinance or otherwise get your name off the mortgage" language in the divorce papers. If so, hire counsel to take the appropriate action. could be a motion to enforce, or could be a contempt.
As for the actual process, taking your name off usually means she has to qualify for the mortgage based on her own income. Sometimes that requires a total refinancing process, or some lenders will just charge an administrative fee to verify her credit worthiness and ability to repay, and then will remove you if she can afford the loan on her own. If that's not possible, then you may need to file a motion to
ask the judge to order the home sold. It's been 5 years, that's reasonable.
Either way you go, you'll need a great attorney to make sure it gets done correctly on the first go.
-Attorney Ed Hecht
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