PaulD CPA
Employee Tax Expert

Get your taxes done using TurboTax

Hi Oergss, thanks for your question.  I am not a lawyer, but I've been through a similar situation and can share what I've learned...  I essentially had three options:

1. Refinance the mortgage in my name only

2. Get mortgage servicer to release my ex-wife from liability

3. Sell the house by the court ordered date or face continued litigation costs

 

I found that the least costly option was #2 - Release of Liability.  That required me to submit a request to release my ex-wife from liability and complete a mortgage application again, just like when we originally purchased the house.  The lender's underwriting people then re-evaluated my creditworthiness based on just my income and expenses alone.  Fortunately, I was approved and they agreed to release my ex.   The only cost for this was a fee of 1% of the mortgage balance.  This fee is not tax-deductible. 

You may want to consult an attorney to for legal advice that's specific to your situation.  If the potential cost of that is a concern, look up the Legal Aid Society for your area / county for volunteer attorney guidance.

**Say "Thanks" by clicking the thumb icon in a post
**Mark the post that answers your question by clicking on "Mark as Best Answer"