Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #37:
DOES MY WIFE HAVE THE RIGHT TO KEEP MY NAME ON THE MORTAGE AFTER WE ARE DIVORCED? WE LIVE IN VERMONT.
Answer:
If the house passes to her, you should have your Separation Agreement expressly provide that she should apply for a new mortgage alone. You should also contact the bank which holds the present mortgage and ask them whether they will permit you to remove your self from the mortgage obligation once the title passes to her.

as long as you remain on the mortgage, the bank will be able to seek payment from you and you will remain liable for full amount owing, even though you no longer have any interest in the property securing such mortgage.

Bottom line - do not agree to continue to be liable on the mortgage.

Leonard M. Weiner, Esq./Divorce Solutions

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