Legal Question in Credit and Debt Law in Florida

Property Question

Recently disvoice and my ex-wife was awarded the use of our home unil my youngest child reaches the age 18. (5 years for now) My name is still on the mortage and she is currently 30 day behind. My credit is affected due to her delinqt payments. Do I have any rights for resolving this issue and having my name removed. Can I force her to sell, before 5 year due date?


Asked on 4/17/07, 7:03 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Property Question

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Unfortunately, unless you go back to Court and convince the Judge that the Wife is creating this problem voluntarily or in violation of any Court order, it is doubtful that you can force her to do much of anything.

Lenders will generally not release any party from a mortgage once it has been given. The only way to have your name taken off the mortgage is to pay it off either by sale and payment or to refinance the existing mortgage.

I would try to convince your ex-wife that refinancing the property would be the smart way for her to resolve her financial problems. If she agrees to refinance, it will solve your problem. I just spoke with a lender today who told me that refinancing of homes due to divorces has accounted for over 50% of his business during this current slump.

Scott R. Jay, Esq.

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Answered on 4/17/07, 9:30 pm


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