If the property was purchased in a community property state during the marriage and the husband did not waive his rights, he may have ownership rights to the property. If not, then he may not have an ownership interest in the home. Either way, he does NOT have financial responsibility for the mortgage debt unless otherwise ordered by a court. It is possible for someone to have ownership rights to a home and no legal liability for its financial encumbrances.
What happens to a mortgage after bankruptcy depends on whether or not the debt is reaffirmed. If the mortgage is reaffirmed the homeowner continues to pay it as if the bankruptcy had not been filed, since the debt has not been discharged. If the debt is not reaffirmed, what happens to the mortgage depends on the policies of the individual lender.
The type of deed will determine what happens to the property after her death. If there is a right of survivorship, you will get the house. The mortgage company determines whether you keep the mortgage or have to refinance.
Unfortunately, foreclosure happens.
what happens if you become unemplyed and wish to reduce your mortgage payments are there any options in holland
The mortgage has to be resolved. Either it must be sold and the mortgage paid off, or the person inheriting obtains a replacement mortgage.
Divorce
If you serve your spouse and he/she refuses to sign, you may be able to win your divorce by default. Divorce by default happens when the person served fails to respond to the legal documents.
That's going to be determined ultimately either by the court or a settlement agreement, if you decide to go that route.
First and foremost, you cannot remove a "co-signer" of a mortgage from the obligations of the mortgage. They may release their interest in the property by signing a deed but that doesn't release them from their obligation to pay the mortgage.This type of situation often happens in a divorce when the parties have a poorly drawn agreement that one will convey their interest to the other and the other will take responsibility for the mortgage. It doesn't work that way legally. The bank is not bound by a divorce agreement. The mortgage must be paid off and refinanced in the name of the person who will take sole ownership.
See http://www.fivecentnickel.com/2008/09/22/what-happens-to-your-mortgage-if-your-bank-fails/
Nothing happens to it. It still remains in second place.
No divorce allowed
What happens to a mortgage after bankruptcy depends on whether or not the debt is reaffirmed. If the mortgage is reaffirmed the homeowner continues to pay it as if the bankruptcy had not been filed, since the debt has not been discharged. If the debt is not reaffirmed, what happens to the mortgage depends on the policies of the individual lender.
The type of deed will determine what happens to the property after her death. If there is a right of survivorship, you will get the house. The mortgage company determines whether you keep the mortgage or have to refinance.
You will then have one mortgage and not two.
Unfortunately, foreclosure happens.
what happens if you become unemplyed and wish to reduce your mortgage payments are there any options in holland