Dear Liz: Our daughter was divorced in 2012 from her husband of 20 years. He still lives in the house they shared and she lives elsewhere. He pays the mortgage. When she asks him to remove her name from the mortgage, he says she is harassing him. What are her legal options and steps to accomplish this?
Answer: The couple’s divorce agreement should have addressed this issue. If he agreed to take sole responsibility for the mortgage, she should consult an attorney about holding him to that agreement.
It’s not as simple as requesting that the lender remove her name from the loan, said Emily Doskow, author of “Nolo’s Essential Guide to Divorce.”
“Every once in a while you’ll come across a mortgage lender that is willing to release one of the parties,” Doskow said. “But that’s very, very rare.”
Typically, getting her off the loan would require him to refinance or sell the home. If for some reason the divorce agreement doesn’t address the debt, your daughter still has considerable leverage if her name is on the deed. If she’s still an owner of the home, she can force a sale, Doskow said.
If she’s not on the deed, her options are limited. She may need to ask a court to intervene, Doskow said.
As long as she’s on the mortgage, her credit and ability to buy another home are tied up with her ex. If he stops making the mortgage payments — because he can’t afford them or out of spite — her credit would be trashed, since they are jointly responsible for the debt.
This is why it’s so important to separate all credit accounts and refinance any loans before a divorce is final. Otherwise, the two exes can be tied together financially, if not for life then at least for the life of a loan.
