Court Cannot Force Lender to Remove Names
I often get asked whether the court can order a lender or mortgage holder to remove your spouse’s name—or your name—from the promissory note or mortgage in line with the divorce decree. Hi, I’m Tulsa Dads.Law attorney Clint Hastings. I practice here in Tulsa, Oklahoma. I focus on fathers’ rights, and I’ve been practicing for about 25 years.
What the Court Can and Cannot Do
The answer is no—the court does not control the lender. A judge cannot order the lender to remove names from a mortgage or note. What the court can do is order you to take certain actions, such as refinancing the home, selling the home, or attempting to refinance within a specific timeframe. These orders are designed to resolve the issue between you and your ex-spouse, but they do not bind the lender.
For example, even if you are awarded the home in the divorce, the judge cannot simply order the lender to remove your ex-wife’s name from the loan. That’s not how it works—you’ll have to work directly with the lender.
Understanding Indemnification
However, the court can order indemnification, which means you must hold your ex-harmless from any damages if you fail to remove her name from the loan. If she remains on the note and is later sued, you would be responsible for covering her attorney’s fees, any late fees, and any damages that result.
This can get complicated, since there are many different ways parties can agree—or be ordered—to handle a marital home and refinancing. But the key point is this: the court cannot order the lender to remove names from the mortgage.
Get the Legal Help You Need
I hope this helps. If you have questions about this or similar issues, give Tulsa men’s divorce attorney Clint Hastings a call at 918-962-0900, and we’d be glad to give you a consultation.
