I have been divorced for three years and the home my ex-wife is living in is still in both of our names.
How do I get my name off the mortgage? I want to buy a new home and do not need my name on this debt.
While I am not licensed to practice law in your state and am unable to give you legal advice, I can give you some general observations on this issue based on the jurisdiction where I practice.
Where I do practice in Virginia, the court will generally order a specific time period that the parties have to effectuate transfers of property. If the court does not order it, then you have to work with your ex-spouse to get them to refinance the home.
If the court ordered your ex-spouse to refinance the home and has she has failed to do so, she may be in contempt of court. So, it may be in your best interest to take her to court to force her to take your name off of the mortgage. However, sometimes it is not possible to refinance. In those cases, the Court will order that the home be sold.
Division of assets after divorce is very fact-specific and requires a specialized knowledge of local law. For these reasons I would suggest you contact an attorney who specializes in family law matters in your jurisdiction.
Remember, I am unable to provide you with anything more than tips on division of assets, so please contact an attorney in your jurisdiction to obtain specific advice as to the laws of your state and how they impact your case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Virginia divorce lawyer Charles D. Hatley, contact Cordell & Cordell.