Ask a Lawyer - Archive

I have been divorced for almost six years now, we didn't have any children but we had a second mortgage, which my name is still on it as a co-signer. I am still paying half of the monthly payment because that is what our divorce says I need to do. I was wondering if there was a way to have the divorce reevaluated to change that or do I need to just try and keep asking her to get a new loan to take my name off of the second mortgage? Can anyone help?

Not trying to nitpick here, but for clarity, what you're concerned about is getting your name off the LOAN, not the mortgage. The mortgage isn't a concern, because that's just the document that subordinates your title in the house to the lender's lien. I suggest you quit worrying about this. Over time, three things happen, all of which are good news for you:

1. The loan balance gets smaller;
2. The likelihood increases that your Ex will move; and
3. The "penalty" you pay for having this loan on your credit decreases, because the longer a loan is in place with good payment history, the less attention new prospective lenders pay to it.

If your Ex becomes delinquent, that's a material change, and many judges would be sympathetic with your request to force her to get your name off the loan. Barring that, chill; it's probably not worth getting worked up over.