Question: In 1999 my ex-husband and I were divorced.
Under our property settlement agreement, my ex-husband was awarded
our Chandler home and became obligated to make the mortgage payments.
My ex-husband then sold the home, and the buyer promised to make
the mortgage payments. The buyer has continually been late in
making the mortgage payments, however, and the credit of both
my ex-husband and I has been damaged. I cannot qualify for a new
mortgage loan to buy a house for myself because of this damage
to my credit. What can I do to get my name off of the mortgage
loan? Although my ex-husband’s credit has been damaged, he has
received some rental payments and will be receiving all of the
appreciation of the home upon sale.
Answer: Unfortunately, unless the mortgage lender consents
to the removal of your name from the mortgage loan, you are responsible
for the mortgage payments despite any agreements between you and
your ex-husband, and despite any agreements between your ex-husband,
a buyer, or any other third party.
