QUESTION
I have a divorce decree that states that my ex-husband is responsible for a house we owned do I still have to pay for it?
Asked on Feb 05th, 2013 on Divorce - Michigan
More details to this question:
Our divorce decree states that my ex-husband takes responsibility for one of our houses and I have the other. He defaulted on his mortgage. Can that bank come after me?
12 ANSWERS
Family Law Attorney serving Ridgeland, MS
at
Thompson Law Firm, PLLC
Update Your Profile
If you are on the mortgage the bank will come after you. You can sue him for contempt if that happens.
Answered on Feb 10th, 2013 at 8:55 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
Yes, the bank can come after you and then you can sue your husband for the amount you pay to the bank. One nice thing, if the decree requires each of you to indemnify the other for not paying what you should pay, is that he won't be able to discharge his obligation to you in bankruptcy.
Answered on Feb 07th, 2013 at 12:06 AM
John Arthur Smitten
The banks can (and will) come after you. The bank is not bound by any family court order.
Answered on Feb 06th, 2013 at 9:24 PM
Yes. the bank can come after you but you have the right to go back to family law court to seek an order for reimbursement from your husband for his failure to pay the mortgage. Generally mortgage companies don't "come after" anyone. They simply foreclose on the property. Good luck!
Answered on Feb 06th, 2013 at 8:12 PM
Yes. And you can counter sue your husband for your damages.
Answered on Feb 06th, 2013 at 6:43 PM
Probate Law Attorney serving Colorado Springs, CO
at
John E. Kirchner
Update Your Profile
If you are a joint signer on the loan, the bank can come after you no matter what the court decree says. You only remedy is to seek reimbursement from you ex-husband for anything you are forced to pay due to his neglect.
Answered on Feb 06th, 2013 at 6:39 PM
Divorce/Family Law Attorney serving Carlsbad, CA
at
Anne B. Howard, A Professional Law Corporation
Update Your Profile
If you are on the mortgage, the bank can come after you. If your judgment gives you recourse to go after your ex, go after him in court. You should have an attorney look at your docs.
Answered on Feb 06th, 2013 at 6:22 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
If you are on the note, yes, and they will and the default will be reported on your credit report.
Answered on Feb 06th, 2013 at 6:16 PM
Yes, your dissolution judgment binds only the two of you and not third party creditors. You may have recourse against him. You should consult a family law attorney to review all of the documents and facts and advise you.
Answered on Feb 06th, 2013 at 6:15 PM
Divorce Attorney serving Frisco, TX
at
Mackoy, Hernandez, Jones and Woods LLP
Update Your Profile
The mortgage holder probably did not release you from liability on that debt. There should have been a deed of trust to secure assumption done at the time of divorce. If so, you have the right to foreclose on your ex's ownership, take title to the house and either work a deal with the mortgage company or sell the house.
Answered on Feb 06th, 2013 at 6:14 PM
Estate Planning Attorney serving Wilmington, DE
at
Reger Rizzo & Darnall, LLP
Update Your Profile
First it is on the property settlement not divorce decree. The bank should give deference to the Order. Normally the bank will foreclose and not go after the person on the note.
Answered on Feb 06th, 2013 at 6:10 PM
Dennis P. Mikko
Your Judgment of Divorce defines the rights between you and your husband. It does not affect the rights of a third party such as the bank. If the bank were to come after you, you would have a claim against your ex-husband as long as that is provided for in the Judgment of Divorce.
Answered on Feb 06th, 2013 at 6:10 PM