v21 – Spouse is Keeping the House – Can My Name Be Taken Off Mortgage?

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Back to Divorce and Family Law Videos

Video Script Below

“My spouse wants to keep our house after we divorce but my name is on the mortgage. Can my name just be taken off? I’m Steve Kramer and I’m a Florida family law and divorce attorney. And this is a situation that comes up in a lot of divorces. And unfortunately, it’s not your call – it’s not your spouse’s call – as to whether your name is going to come off the mortgage. This is up to the mortgage company and there are very, very few mortgage companies in this world that are going to let that happen. That means you’ve got to go down a different road if that is your goal. And this is a good goal because you want to preserve your credit, you want to make sure it’s protected, and after you’re divorced you may not have a whole lot of control over what your ex does.

So, there’s a couple things that you can do. One is you and your spouse can agree to allow your spouse to refinance the house and when they do that it will be in their name alone. Or another road you can go down is you can agree they’ll refinance the house and if they don’t you set a certain time limit and if it doesn’t happen then the house gets sold. These are really the only two ways to get your name off the mortgage. Now, this is a good road to go down. You want to protect your credit. And unfortunately with the way the real estate market is a mortgage can really get in the way of things moving forward. This is a situation that we see all the time. So, if you’re dealing with this situation, give me a call. I deal with this situation every day.

I’m Steve Kramer; thanks for watching.”

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