Mortgage and Liability Assistance after Divorce

Questioner

Hello, my ex and I included in the divorce agreement that he is liable for any debts on our home. He would do everything to remove the house from my name and put it up for sale. In the meantime, he has not succeeded in getting the mortgage in his name, he has withdrawn it from sale and is living together. There is no equity in the house. I would like to remove my name from this house. I left with only my personal belongings. Is there a legal way that I can ask them to buy me out in order to still get my name mortgage free? According to him, it is not possible because the mortgage is too high in relation to the value. Thank you in advance for your response.

Lawyer

You realise that your mutual agreement that your ex will indemnify you does not mean that you can continue to be held liable by the bank, as long as you have not been released from joint and several liability; this requires the bank's cooperation. If, in the bank's opinion, your ex's income is insufficient to accept him as the sole debtor, the bank will not quickly let you (your income) go. According to your ex, this is the case: check this with the bank. Perhaps his new love is prepared to take over your (share in the) debt? Incidentally, this also requires the bank's cooperation. Good luck.