On occasion in a pro se Divorce or Separation, one spouse will quitclaim their house to the other spouse as part of the agreement. But many times in this situation, the couple does not adjust the mortgage contract for the property, as doing so can sometimes invalidate the mortgage and/or require a balloon payment on the balance.
So if one spouse falls behind on the payments against the house that he/she now owns individually, the mortgage company will still pursue the other spouse, and the other spouse’s credit is negatively affected as well.
Neither the mortgage company nor the ex-spouse has any incentive to simply remove a person from the mortgage. So to pursue the matter, it must often be done in court through a lawsuit.
Thus, we suggest you discuss this matter with a local attorney, as you will need legal advice; you can find one for FREE at Standard Legal’s Attorney Find page.