Appellate Practice Attorney serving New York, NY
If I understand you correctly, you may be confusing ownership of property with a morgage loan. I don't think you want your name off the house, I think you want your name off the mortgage loan which is secured by the house, which is a totally different thing, and to which the bank has no reason (unless your ex refinances) to agree. Right now, both you and your ex are responsible to repay the mortgage loan to the bank. Even if you and your ex agreed that, as between yourselves, your ex would be solely responsible for the loan, that only means that, if your ex defaults on the loan and you have to pay up, you can sue your ex for breach of the contract the two of you made. It doesn't bind the bank in any way. Simply put, getting your name off title to the house doesn't affect your obligation to repay the bank. Why would the bank let you off the hook? What's in it for the bank?
As for modifying the loan, if you were a signatory on the loan, it cannot legally be altered without your consent unless the contract gives your ex that authority (highly doubtful) or you somehow gave your ex that right (in the divorce decree? power of attorney?) Frankly it's more likely that your ex forged your signature.
Answered on Oct 17th, 2021 at 5:54 PM