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We may be getting a divorce. Am I obligated to the debt if it isn't in my name? I also was asked at time of purchase to sign an agreement stating that my husband is the sole owner of the property... Can't refi- husband has too many mortgage lates and I don't want to put in my name, as I will "inherit" the ARM loan with all the lates against it... ?? (or will I) My husband and I may be divorcing - I have been giving him a check each month for my share of the mortgage since day one. I opened a notice and found that we owed a lot of money. - he has not paid mortgage in five months... Any Legal Advice?
You first need to determine whether you have any equity in the house. In other words, is the home worth more than the total debt owed on the mortgage. Example: You have a $250,000 balance on the mortgage, but the home is worth $350,000. You have $100,000 of equity. In that case, if the house were sold in foreclosure, any surplus monies received (i.e., if sold for more than $250,000), would be marital property in many states and you would be entitled to half. If not, you have a decent case for a constructive trust. Now if that is, in fact, the case, that your home is worth more than the balance due on the mortgage, you should see if you can get a mortgage in your own name, not his, and negotiate to buy him out if that is possible. He would convey the house to you as part of a divorce settlement, and you might have to use some of the equity to get an extra $50,000 out to buy him out. Another option is to attempt to sell the house yourself because the bank won't get top dollar at an auction. Another option is to see if you can find an investor willing to buy the house and lease it to you with an option to buy it back at some date in the future. It will have to make financial sense for somebody with good credit to buy the house using leverage (a mortgage), where the rent they charge would exceed the mortgage payments so they are making money and you get to stay where you are. If you owe more on the mortgage than the house is currently worth, you may be obligated to pay any deficiency if the bank can't recoup the full amount owed on the mortgage depending on what state you live in. You wouldn't be obligated to the bank, you would possibly be obligated in a divorce decree to contribute to your husband's debt.
It would be really helpful to know what state you live in. For something of this magnitude, I think you should consult a lawyer. Many lawyers give free consultations that usually last for half an hour. The best legal advice I ever got was from one such consultation. That half hour saved me from a $15,000.00 judgment that was already against me! You can also search online for free legal advice of all kinds! Here in California I can almost positively say that since you signed an agreement stating that your husband is the sole owner then it will not affect your credit and you will not be liable even if you divorce. Best of luck to you!
If you know her current whereabouts, send a letter to anyone trying to reach her and tell them. You are not being held liable for her debts regardless of what she has told her creditors so she is not committing fraud against you. However, if you let those creditors know her whereabouts and explain that you and your husband are in no way connected to her, you have done your part. They will flag the account and probably cancel it. The biggest danger here is that she might be using your husbands information (work, salary etc) as a means to get credit that she alone could not qualify for. She may even have gone so far as to include his name on credit cards for example. Although under the circumstances I don't think you could be held liable, it could create a credit problem for you guys. My best advice is to see an attorney. He can advise you of what legal steps can be taken.
It depends on what state you are in. In Laurel you would be half responsible because you are married. If we switched the situation around (in Laurel law) and the house was paid for with a divorce happening you would be entitled to half (unless there was some sort of prenup). You should probably ask a lawyer.
Legally I believe that you have no ties to the house. You are not obligated to pay anything because he is the sole owner of the house. He is responsible for everything. If for some reason he tries to say you are responsible and haven't helped I would suggest that if you go to court you bring print outs of the checks you had written and be able to show that they were written for the mortgage. GOOD LUCK TO YOU!