Me and my husband purchased a farm in MN, we are both on title of the farm. We are getting a divorce and trying to figure out if I can keep the place with his permission, but the loan is in his name and him mothers. Can a judge transfer the loan to my name in the divorce.
2 Answers from Attorneys
A judge cannot order the financial institution to transfer the loan to your name only since the financial institution is not a party to the divorce. A judge can order, amongst other items, that you are solely responsible for the loan, that you have to attempt to modify the loan, that you have to attempt to refinance the loan, or that you sell the farm.
The lender is bound only by its contract with the borrower. Since the lender is not a party to the divorce, the court can have no impact on its substantive contractual rights. The only way to modify obligations under the existing mortgage contract would be to seek a novation (a transfer of the obligation to a new individual), which is unlikely, or to refinance the loan into the new borrower's name alone.