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If decided mutually then whoever you both decide, however due to mariage even if the partners name was never on the deeds they can take you to court for half of everything, then the courts decide, they will most likely decide in favour of kids, if any, but it can be costy!!!!

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Q: Who keeps the home in a divorce if the mortgage is in one persons name?
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Do you have to pay mortgage even your name is to on the mortgage?

If your name is not on the mortgage you are not legally liable for the loan as far as the bank is concerned. You could become liable through a divorce if it has been your home for you and your spouse.


How does a new homeowner get a mortgage?

Prior to purchasing a new home, people often get pre-approval status with either a mortgage broker or a financial institution. From there, persons can actively search for houses. It is often done prior so to prevent persons from overspending or loving a home which they can not afford.


Can someone who is on the home deed but not on the mortgage get a home equity line of credit?

The persons who are on title must both sign for a equity line of credit.


How do you get the martial home in your name after divorce and your not on the mortgage?

This would be handled in divorce court. Ask your lawyer. That's what they're for. Using a site such as this is not recommended. You're discussing thousands of dollars.


How can I get a loan for a home since my name is on the mortgage of the ex husbands house and in the divorce he is responsible to pay for it?

Divorce agreements are not binding on lenders. If your husband doesn't pay that mortgage the lender will come after you for payment. At the time of the divorce the mortgage should have been refinanced and paid off in return for your interest in the property. Your credit record will show that outstanding mortgage under your name until it is paid off. You should contact the attorney who represented you at the time of the divorce to see if the matter can be resolved now.Divorce agreements are not binding on lenders. If your husband doesn't pay that mortgage the lender will come after you for payment. At the time of the divorce the mortgage should have been refinanced and paid off in return for your interest in the property. Your credit record will show that outstanding mortgage under your name until it is paid off. You should contact the attorney who represented you at the time of the divorce to see if the matter can be resolved now.Divorce agreements are not binding on lenders. If your husband doesn't pay that mortgage the lender will come after you for payment. At the time of the divorce the mortgage should have been refinanced and paid off in return for your interest in the property. Your credit record will show that outstanding mortgage under your name until it is paid off. You should contact the attorney who represented you at the time of the divorce to see if the matter can be resolved now.Divorce agreements are not binding on lenders. If your husband doesn't pay that mortgage the lender will come after you for payment. At the time of the divorce the mortgage should have been refinanced and paid off in return for your interest in the property. Your credit record will show that outstanding mortgage under your name until it is paid off. You should contact the attorney who represented you at the time of the divorce to see if the matter can be resolved now.

Related questions

Do chapter 7 bankruptcy relieves you of a mortgage in a divorce but the spouse stills lives in the home?

Filing for Chapter 7 bankruptcy will discharge your personal obligation to pay the mortgage, but it does not remove the lien on the property. Therefore, the mortgage lender can still foreclose on the home if the mortgage payments are not made. In a divorce, the issue of who is responsible for the mortgage payments would typically be addressed in the divorce settlement or court order.


Do you have to pay mortgage even your name is to on the mortgage?

If your name is not on the mortgage you are not legally liable for the loan as far as the bank is concerned. You could become liable through a divorce if it has been your home for you and your spouse.


Ex-wife remarried and she and husband filed for chapter 7 and her name still on home you had?

If you still own the home, and the divorce decree says nothing about the mortgage or the ownership of the house, you are probably now the only person obligated to pay the mortgage. But then, you were probably the only one paying on it since the divorce.


How does a new homeowner get a mortgage?

Prior to purchasing a new home, people often get pre-approval status with either a mortgage broker or a financial institution. From there, persons can actively search for houses. It is often done prior so to prevent persons from overspending or loving a home which they can not afford.


Can someone who is on the home deed but not on the mortgage get a home equity line of credit?

The persons who are on title must both sign for a equity line of credit.


What can the mortgage company do if the mortgage cannot be paid anymore on a deceased persons home?

I HAVE ALREADY PAID 40,000 INTI THE HOME I CANT PAY ANYMORE THE HOUSE PRICE WAS LOWERD 5X AND IT WAS ON THE MARKET 456 DAYS I MAILED IN THE KEYS TO THE MORTGAGE COMPANY WITH A LETTER


How do you get the martial home in your name after divorce and your not on the mortgage?

This would be handled in divorce court. Ask your lawyer. That's what they're for. Using a site such as this is not recommended. You're discussing thousands of dollars.


How can I get a loan for a home since my name is on the mortgage of the ex husbands house and in the divorce he is responsible to pay for it?

Divorce agreements are not binding on lenders. If your husband doesn't pay that mortgage the lender will come after you for payment. At the time of the divorce the mortgage should have been refinanced and paid off in return for your interest in the property. Your credit record will show that outstanding mortgage under your name until it is paid off. You should contact the attorney who represented you at the time of the divorce to see if the matter can be resolved now.Divorce agreements are not binding on lenders. If your husband doesn't pay that mortgage the lender will come after you for payment. At the time of the divorce the mortgage should have been refinanced and paid off in return for your interest in the property. Your credit record will show that outstanding mortgage under your name until it is paid off. You should contact the attorney who represented you at the time of the divorce to see if the matter can be resolved now.Divorce agreements are not binding on lenders. If your husband doesn't pay that mortgage the lender will come after you for payment. At the time of the divorce the mortgage should have been refinanced and paid off in return for your interest in the property. Your credit record will show that outstanding mortgage under your name until it is paid off. You should contact the attorney who represented you at the time of the divorce to see if the matter can be resolved now.Divorce agreements are not binding on lenders. If your husband doesn't pay that mortgage the lender will come after you for payment. At the time of the divorce the mortgage should have been refinanced and paid off in return for your interest in the property. Your credit record will show that outstanding mortgage under your name until it is paid off. You should contact the attorney who represented you at the time of the divorce to see if the matter can be resolved now.


What is a home mortgage?

A home mortgage is a loan that is secured by property through the use of a mortgage note that ultimately grants you a mortgage for your home. You can obtain financing on the purchase of your new home or any home.


What if you pay your first mortgage but not your home equity?

If you have a first mortgage and a home equity mortgage, the home equity mortgage is a second mortgage. If the home equity mortgage is not paid, the lender can foreclose and take possession of the property subject to the first mortgage. The home equity lender can pay off the first mortgage and keep any excess proceeds from a sale.


If i buy a home in my name while separated can a lien be put against it if my husband's home is forclosed on?

It sounds like you are not on the mortgage with your husband on your previous home. If he is foreclosed on, and you are only on the deed, then you have no financial liability. If you are buying a new home and you are on the mortgage with your husband, you won't be able to get a mortgage because you are on the verge of foreclosing Be careful when buying a home while separated however. Depending on what state you live your husband may be entitled to half the equity in your new home in the event of a divorce. Its called community property Here is a list of community property states: http://www.bankapedia.com/mortgage-encyclopedia/residential-mortgage-terms/121-community-property


Where can a home mortgage refinancing lender be found?

If someone is interested in home mortgage refinancing, it is important to find a home mortgage refinancing lender. One can be found by going to mortgage calculator websites or mortgage review websites.