If the problem is her not paying the mortgage, or not paying it on time, which is negatively impacting your credit, then taking your name off the deed will not resolve your problem. You would need to have your name removed from the mortgage. Given the high unlikelihood of your lender agreeing to do so, you generally can only accomplish this in two ways: either your ex has to refinance the mortgage obligation into her own name (or her name with others), or the property has to be sold. Generally, a judge will provide certain conditions when the house is awarded to one person but the mortgage is in both names, such as requiring the sale of the house if the person responsible for the mortgage payments is 2 or more payments late, or is late all the time, etc. You should check the specific language of your divorce judgment for this language. Also, there may be a basis for you to seek enforcement or other remedies, subject to the language of your final judgment and any agreements made a part of it. Consult with an attorney to discuss the specifics of your situation, and your options.
Answered on Feb 25th, 2015 at 10:34 AM