Legal question can i force my ex to refinance our old house so that my name is off the title?

Merrilee
I'm living in Texas; ex is a Texas lawyer. Home mortgage company tells me that my name is still on the note and I am still responsible until "George" comes in and refinances. I explained this to George, but being the wise lawyer that he is, he swears that he does NOT need to do that...I am not responsible.How can I force his hand into doing the right thing and getting my name off of the mortgage? Do I need to sue him? Can going before the judge work? The mortgage company did not offer to straighten things out on their end and insist that George has to refinance to get me off; their hands are tied.Help please & thanks!081707 10:15

Austin
There's two parts to homeownership. 1st is the actual ownership. This is determined by who is "on title." the 2nd part is who's responsible for paying the bill. This is determined by who is "on the mortgage." I've seen cases where someone is on the mortgage, but NOT on title because someone signed something without knowing what they were signing. ON MORTGAGE: You are obligated to pay the loan--regardless of whether you live there, whether you can afford it, or whether you even own it. Even if there's an agreement that the ex is responsible for it, the mortgage company doesn't care--because your name being on the mortgage obligates you to pay. (Think similar to co-signing for your kid's car; if your kid doesn't pay, the loan co can come after you). This means if your mortgage doesn't get paid, your credit will be shot and when you apply for any future loans, NO ONE will listen to your sob story about why it didn't get paid.I strongly recommend making sure that you do not relinquish your ownership rights by signing something called a quit claim deed (removes your name from title) unless your ex agrees to refinance your name off. Your name being on title is a good bargaining chip because NOTHING can be done to the house without your involvement (ie selling, future refinancing, or taking out equity lines/second mortgages)

Errol
Check your divorce papers. That's the only way you have to hold him accountable for paying the mortgage. If they say that he has to pay it, then that document is legally binding-you would show that divorce agreement to convince a new creditor that you are not responsible for that debt. if he stops paying and the mortage company comes after you, you show the divorce papers. He does not have to refinance to get you out of the original commitment you made to the mortgage company, and from the mortgage company's point of view you are still responsible. you can't force him to refinance.

Bernice
you may need a lawyer of your own.

Collette
Sorry to say this but it sounds like you are going to court and the judge will have to order it.

Doreatha
You need to contact a lawyer of your own, but in short, you can force the SALE, not a re-finance.However, he can "Buy" the house from the both of you, yes, basically a refinance, but legally different.

Dick
Your first step must be to write to the mortgage company telling the you are no longer living at the property and no longer make payments to the mortgage, Therefore you would like to opt out of the mortgage agreement that you and your ex made with them.

Birdie
Yes, he'd need to refinance. I don't know if it's too late now, usually this is decided when divorcing. The time to force a refi may have been before the divorce was finalized.Contact another lawyer and see if they think a judge would even consider it.