Usually these matters are handled within the divorce decree, in the section usually listed separation of assets. All you need to do is have a lawyer draft up a deed transferring your ex-husband's interest in the title of the property in question to yourself. You can't take them off the mortgage, but you can take him off the deed.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
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Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
Answered on Apr 25th, 2014 at 9:48 AM