I want to keep the housebut i need my ex husbands name off of the mortgagewhat can i do legally?
Daciawithout having to refinance the house in my name?
MarceleneYou cannot take his name off the mortgage unless you qualify to carry the mortgage in your own name. Right now the mortgage company can go to your ex-husband to collect on the mortgage should you be unable to make the payments as he is still legally responsible for them. They are always reluctant to give up the right to go after someone else.If you qualify to carry the mortgage yourself, the mortgage company will allow his name to come off but you will be required to see a lawyer to change the registration. Some lending institutes will allow you to increase the mortgage amount by $1000 to cover the legal fees without changing the mortgage itself.Why do you not want to refinance? Right now interest rates are down (at least in Canada) and it might very well be to your advantage.One other note: you can have him removed from title by going to your lawyer but your ex would have to agree to this. He would still be obligated to the mortgage though should you be unable to make the payments.
AnnelleNothing. If his name is not on the mortgage, you need to refinance it in your name alone.