Victoria S. Linder Law Office
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What if my name is still on the mortgage after divorce?

Many times in divorce when assets and property are divided, one spouse will get the home and the other spouse may get everything else. As part of a settlement agreement, the spouse that is awarded the home may be ordered to refinance it to remove their ex's name from the mortgage loan and title. While there is usually a time frame in which this refinance should take place, sometimes people fail to follow through. For the individual not living in the home, this may mean being the co-owner of a huge liability.

In the event of a financial struggle or bankruptcy, anyone that is listed on the mortgage is responsible for the loan. If your ex failed to refinance the mortgage and defaults on the home loan, the lender may come after you to make good on it. It isn't a fair situation, but you may be able to do something about it.

If your ex was aware of their requirement to refinance the mortgage and still ignored it despite the fact that they could have easily received financing, you can file a motion to find them in contempt of a court order. To do this, however, you may have to prove that they were eligible to receive financing and just didn't do it.

If your ex didn't refinance because they simply could not, then the situation may take a turn. You are still on the mortgage and therefore financially responsible for the home loan, not to mention property tax and insurance. If this is the case, speaking with an attorney may help you identify which course of action is best. Depending on your specific situation you may choose to work something out with your ex or sell the home. Either way, discussing your options with a trusted attorney is in your best interest.

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Minutes From Downtown Sacramento

Our office is conveniently located off Highway 50, just three miles from the Sacramento County Family Courthouse and minutes from Downtown Sacramento. For your convenience, we accept all major credit cards.

Victoria S. Linder Law Office
5303 Folsom Boulevard
Sacramento, CA 95819

Phone: 916-905-4805
Fax: 916-498-0127
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