My ex-wife was awarded the marital home and all debts associated with it, and I signed the quit claim deed relinquishing all titles and rights to the residence.
However, the mortgage company said I am still legally responsible for the home. My ex-wife is about to go into foreclosure on the property and says she is trying to refinance, but this is preventing me from qualifying for a loan to purchase another house with my new family.
How can I legally remove my name from the marital home mortgage before my ex-wife goes in default and ruins my credit?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Oklahoma divorce laws where I am licensed to practice.
If there is not a requirement for a party to refinance the residence than there is nothing that can be done before opposing party fails to make the monthly mortgage payment. Upon her failing to make the payment, a contempt could be filed for violating the court’s order.
You could contact the mortgage company and see if they will allow you to do a Release. However, it is very unlikely that they will agree to such and your ex-wife will most likely have to approve it. All of that will depend on the mortgage that you signed with the lender.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.