I recently became aware that my credit score has dropped considerably since then because she has been repeatedly late on the mortgage.
Is there anything I can legally do to get my name off the marital home mortgage other than for her to refinance, which is next to impossible?
While I am not licensed to practice law in your jurisdiction, I can provide you with general divorce help for men. I encourage you to speak with a mens divorce attorney in your area for specific legal advice on divorce because each state has its own divorce laws.
You are correct that you will remain on the mortgage until it is satisfied or refinanced. The court does not have the power to take you off the contract.
Your current options will be determined by the terms of your final divorce decree. Presumably the mortgage will follow the assignment of the marital home in the divorce.
If your ex-wife was assigned the home, she should also be responsible for the payment of the mortgage. If the decree states that she is responsible for the mortgage, then your recourse is to bring a contempt action against her and have the judge order payment.
If she cannot afford to make the payments, then you should request that the judge order the sale of the marital home. In the interim, you should provide a letter to the credit bureaus explaining the circumstances and providing a copy of your final divorce decree.
Divorce Tips For Men:
In the event that the final decree does not expressly address the payment of the mortgage, you can request the court address the issue through a new hearing. How and what you can request in the hearing will depend on the particular facts of your case.
I highly recommend you consult with a qualified divorce lawyer for men who can give you specific advice on divorce and actions you should take in your case.