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Debt Relief – Insolvency – Bankruptcy Information » Student Loan Help » My ex-husband wants his name off the home loan, who should pay the closing costs to refi?

My ex-husband wants his name off the home loan, who should pay the closing costs to refi?

My husband & I divorced almost a year ago. I have been paying the mortgage on the home loan (that we financed together), HOA fees, property taxes etc through our separation and time since our divorce. Stupid enough, we didn’t have this “assest” addressed in our divorce decree. He left me & we both just focused on dissolving our marriage w/ divorce, basically dividing his student loans, my 401k & him keeping the vehicle that we jointly own thru financing. I should have been more proactive through the divorce. But now, he wants his name off the home loan. I can refinance, but I feel that I should not incur the resposibility of the closing costs…not even 50%. After a 2 year marriage I have split debts, his student loans, car insurance and allowed him to retain a vehicle. I feel I have donated enough to this divorce & if he wants off the loan he should pay the closing costs. After all, the reality, if I assume the closing costs to have him removed the 4k turns into 13k

Although it is a great precaution to this about the ex declaring a BK. He makes really good money now since going to school and doesn’t have any reason to be able to declare a BK at this point. Seriously it would not break his bank to pay the closing costs!
Ad yes, in order to have his name removed from the responsibility of this loan we must refinance. He can be removed from the deed but not from the loan unless the lender decides to allow that and the have said NO!


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11 Responses to "My ex-husband wants his name off the home loan, who should pay the closing costs to refi?"

  1. free_angel says:
    Tell him if he wants his name off the loan, it’s gonna cost him. Nothing is for free.
  2. Satan says:
    Sell the house and split any profit 66/33 based on a 2 yr marriage with a year of seperation. IF he doesn’t like it, strong arm him into the closing costs. Any way, it’s probably going to be messy. Sounds like he’s a nit-picky little baby. Good luck with it.
  3. a m says:
    well if he wants his name off the loan, and you have to refinance in order to do that, then it is going to cost him, since he is the one that wants it, so tell him that you will refinance but only if he pays all the costs, otherwise the name remains on the loan.

    You have given enough, and it is time for him to do so.

  4. Berlinda C says:
    well i am not sure why you paid for his student loans that should of been his responsibility that was really nice of you and to pay for the car and let him have it. if i am correct at saying that that was nice of you. you were to nice you should of let him paid off the car and paid of his loan. its his loan. and why does he want his name off you are paying everything and are currently up to date to everything so its not like its hurting him. but if he wants his name then i think he should pay for it. since you did so much even sharing 401 k with him you were way to nice to him i think. but hey bygones are bygones tell him to pay for it. so best of luck to you. and you are a sweet person for doing all this i hope you find love soon.
  5. Bella says:
    Depends what bank you are financed through you don’t have to refinance to get his name of the loan.
  6. redroze777 says:
    He should… But you know what. You may want to contact your divorce lawyer again. This may get pretty difficult. I’m very surprised they finalized the divorce knowing there was a house in both your names. That seems fishy but I’m sure those things vary from state to state. Yet it’s very odd the courts didn’t see this. A house is a huge deal to the courts. Bigger then a car or student loans. You will have to “Buy” him out of the house. A lawyer can explain all that to you!

    You also have to understand if you refi, are you able to take care of this mortgage on your own? It’s difficult to get his name off the mortgage now days! I really think you need to contact a lawyer. They can give you better advice then any of us can on yahoo answers. There are so many difficult angles to this whole house with a divorce thing.

  7. Cyclist 2300 says:
    in the divorce…. who got the house?

    if you did…. then it is your house…. his name should not be on it.

    If you can’t afford it…. sell the house… keep the money and rent an apartment…. or buy a smaller house.

  8. maria 48 says:
    if you were only married 2 years why get married in the first place, i think you should try and work things out
  9. doc b says:
    A judge does not have the right to change the original contract (mortgage) arrangements. The decree will show who obatins control of the house. The problem with having an ex on your mortgage is that if he decides to declare bankruptcy. Then any shared notes will get the same black mark. So it is equally important that you get his name off of the mortgage.
  10. ★★★ Katharine ♥♥♥♥ says:
    you didn’t have this addressed in the decree- I am guessing you meant the part of who pays for the refinancing.- you divided his student loan? why would you get his student loans? dividing YOUR 401? sounds like you got the short end of the stick there.
    Before you do this – see if you can get HIS name off of the house – because I would be very careful taking his name off of the loan – and he can still come after the house.

    I just had this done this year. took my ex off of the house and then refinanced. I personally didn’t pay any refinancing – because I went through wells fargo 3 step refinancing – and I didn’t pay anything out of my pocket- wells fargo paid for it all. Not sure if you could get a deal like that through wells fargo. you’d have to call them on it. I did mine just in time – because a few months later – my ex went bankrupt!

  11. Jennifer says:
    I used “Credit Solution” to settle my debt and improve my credit score.They managed to reduce my debt up to 58%.It’s legitimate.I came across this company on NBC News Special Edition.Check it out here:

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