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Will i be liable for ex spouse's debt of a home equity line that the divorce decree ordered him to pay off my name is on the loan and the house is in my name?
You are as liable as him. If he files bankruptcy, they will come searching for you. Even if you sign a Quit Deed to release the house to him, you are just as responsible if your name is still on the loan.
AnswerThe bank is not bound by any provision in your divorce decree. Your attorney should know that and should have addressed this situation by having your ex husband refinance the loan and pay off the existing loan that is in your name. If your ex husband fails to pay the loan the bank will come after you for payment and you remain legally responsible for repayment since you signed the note and mortgage. Incompetence results in this type of mess after a divorce.
What else can I help you with?
Can a living trust's division of real estate override a lonely recorded divorce decree of half equity upon sale or transfer of title?
No.
Can you get a home equity loan without your spouses signature?
yes you can
How do you get your missing ex wife off your home deed in Mississippi?
In the case of marital property, the division should have been addressed at the time of the divorce and in the divorce decree. In most jurisdictions, if one spouse was ordered to convey their interest in the marital property as part of the divorce judgment and they didn't execute a deed, the decree can be recorded in the land records and will transfer title. If the issue of the division of the marital property wasn't brought up at the time of the divorce then you need to obtain a voluntary deed from your ex-wife that transfers her interest to you. She will likely want some monetary consideration in exchange for her deed. If your ex-wife cannot be found then you must take the matter to a court of equity and petition to have the property titled in your name and her barred from making any future claims.
My divorce decree states that I am to be paid a certain amount of money within a certain amount of time in exchange for signing over the home. The ex is in financial trouble Can I file a lien on home?
I assume the mortgages are in both of your names. They take priority over your separation agreement because they were granted prior to your divorce. If there is no equity in the property then you can't get paid. You should consult with the attorney who represented you in your divorce.
Am I responsible for a home loan if my ex husband dies and not on title?
You will need to get it cleared up with the lender. If you do not want the house or any equity in it, then you could talk to the loss control department and send them what they need. Perhaps a quit claim and a copy of the divorce decree will be enough.
Can there be equal share of equity of women files a divorce in New Jersey?
Very confused
Free lien advice If I am a spouse and I am on title How do I put a lien on for my share of equity?
You won't file a lien per se. If you are separating from your spouse, you need to see a divorce attorney. He or she will file your divorce at the courthouse, and your equity in the house will be determined by the court. Your attorney may file a lis pendens, which will serve as notice to anyone whom it may concern that your divorce is pending, and you are seeking a share of equity, but this is not required.
Does a spouse have the right to money received from a home equity loan if the loan is in the other spouses name but the deed is in both their names?
Yes they do
How can you split the house or equity in the house if your husband is in bankruptcy 13 at the time of divorce?
Generally, Home Equity up to $150,000 is exempt from a bankruptcy if the property is HOME STEADED.
How can you remove your spouse from a home title in a divorce?
After a persons death, the deed and a copy of the death certificate can be used to change the title if it was titled as "or". If the deed is titled as "and" it may be necessary to execute the will beofre changing the deed.
Could a spouse after a dissolution of marriage of more than 15 years claim any interest or equity in the property he left?
Yes, if it was proven that assets were willfully hidden at the time of the divorce, and/or if the divorce was never settled properly.
If your ex was court-directed to pay off your home-equity loan in the divorce can you sell the house without using your own equity to pay off the loan if he cannot refinance or pay in a lump sum?
Since the house was used as collatoral for the loan you would have to use your equity in the house to pay off the loan.
