How Do I Get My Wife Off A Mortgage Loan After A Divorce Without Refinancing? Can The Court Override Original Mortgage Terms?

No, a court ruling can’t override the original mortgage terms.

Some of your options include either refinancing (which it sounds like you either do not want to do or are unable to do), or asking that the bank work with you to do an assumption, removing her name from the loan.

Also, in your divorce decree you can include language saying who is responsible for the debt, but that is only binding between you and your wife—not the mortgage company. Signing a quit claim deed won’t affect the liability on the mortgage.

Douglas N. Kiger, Attorney at Law

Blado Kiger Bolan, Tacoma, Wash.

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