[benchdog]

In Washington state, during a divorce, can an innocent spouse remover himself/herself from the financial obligation of a first and second mortgage?

[smoothy]

Nope... if their name is on it... thats a legal contract and they can and will be held to it. The only way out of it is for the other spouse to refinace in their name only and pay off the obligation wich would release their obligation.

[stinawords]

I'm not sure what you mean by innocent. If the name is on the bank papers, that person is also responsible for payment to the bank. The judge can order what spouse keeps the house but the bank is still needing to be repaid. If you explain the situation a little more we can give you better answers. We don't need all the nitty gritty but some background would be helpful.

[ScottGem]

First, there is no such thing as an "innocent spouse" in divorce law. Whatever one spouse is guilty of, doesn't make the other innocent.

Once you sign a loan, you remain obligated for that loan until its paid off. What usually happens in a divorce is a negotiation. One spouse decides they want to keep the house. The divorce court will order that spouse to obtain a refinance in their name only. The refinance is a new loan with only the spouse keeping the house on it. Even if the court awards the house to the other spouse, that award is not binding on the creditors. So as long as your name is on the loan, you will be responsible for it.