ANSWERS: 1
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Basically you have to refinance the property to pay off the original loan. The original lender has no incentive to take your husband off the loan -- they LIKE to have people on the loan, because that's who they go after for payment: more borrowers means a better chance of getting their money. So if you can qualify for the loan on your own income, that's how you get his name off -- get a loan in your name, pay off the other loan. If you can't qualify for such a loan, you have a problem. Even if you CAN qualify, you may have a problem, because if the house is worth significantly more than what you paid for it, half of that increase in value may belong to him. If he wants his half, you would need a loan to pay off the old loan PLUS the value of his half, so you can "buy him out" of the house. If he doesn't care about his half, or he negotiates for something else in exchange, that would solve this part. Another way to work it would be to refinance the old loan into your name, and "borrow" your ex husband's share of the equity from him, if he's willing. That would mean (for example) paying him just the interest value of his share for some number of years, with a promise to pay the full principal at some point in the future.
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