QUESTION

Can we get an ex husband off of house loan and/or deed that he has not paid for?

Asked on Sep 16th, 2013 on Divorce - California
More details to this question:
He has a girlfriend that has paid for her house by herself. Her husband is still on loan and has not paid a dime on house in past 10 years. Can we get him off of it?
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1 ANSWER

Family Law Attorney serving Thousand Oaks, CA at Law Office of Terry A. Buchanan
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To remove someone's responsibility for a loan, you will need to refinance the loan. That problem arises as to whether or not the other party has the ability to qualify for the loan alone and that decision is at the sole discretion of the lender. You can remove the individual from the deed by simply asking that person to sign a deed or file a motion with the court as part of a family law dissolution/legal separation action. If not within the context of a family law case, then his lack of contribution to the loan is not a sufficient basis to require his name to be removed as an owner of that property. Further details may provide a different response so a consultation with an attorney is always recommended before taking action on the response herein as a limited forum to set forth all rights and liabilities associated with an asset.
Answered on Sep 17th, 2013 at 2:50 AM

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