Legal Question in Family Law in Minnesota

Re: Divorce and a mortgage

If your divorce is final and your name is still on the mortgage, the only way to get your name off now would be with your X's cooperation. For example, if your X chose to refinance, thus obtaining a mortgage in his own name alone, that would take care of the problem. Another way to do it would be to ask him to apply to the mortgage company to have your name removed. This service is usually available from most mortgage company's for a fee. It may cost a few hundred dollars, but could be well worth it. They won't agree to it, however, unless your X has good enough credit to qualify for the mortgage on his own. Also I would expect the mortgage company to require him to join with you in requesting that your name be taken off.

When it comes right down to it, particularly if your X is not cooperative, there may now be nothing you can do to get your name off that mortgage.

Even if that is the case, don't give up on the idea of getting a home. A good mortgage broker can probably connect you with a lender who will give you a mortgage anyway. With your name on a another mortgage, you are not necessarily disqualified, but only slowed down a bit. It means you may have to try harder to get that mortgage, and perhaps pay slightly higher interest.

This response is for general informtion purposes only and does not necessarily create an attorney-client relationshiop.

Re: Divorce and a mortgage

If you did not include language in your order at the time of your divorce requiruing a refinance, you can not now require your ex-spouse to refinance.

In many instances, providing your new mortgage company with a certified copy of the order that requires your ex to pay the nmortgage is sufficient to qualify for a new mortgage

Http://www.divorceprofessionals.com