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Divorce and Rights of Creditor

Question: How do I get my name off of the home loan? I’ve been divorced now for almost 2 years. My credit is hurting because my ex-husband won’t refinance the loan. The bank would not remove my name. We have it in our divorce paperwork that he gets the house and has to pay for it.

Answer: The creditor is not bound to release one of two borrowers without payment of the loan in full. The divorce agreement does not affect the creditor’s rights. If your ex-husband will not or cannot refinance and the bank will not agree to release you, consult your divorce lawyer; one possibility is to obtain an order forcing the sale of the property and payment of the loan from the proceeds.

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