My ex never took my name off the loan and defaulted on the mortgage. Am I responsible?

Attorney Lisa HansenQuestion:

My ex-wife was awarded the marital house in our divorce. I signed over the deed to her. Now our mortgage company is calling me saying they are getting ready to default. Apparently she never took my name off the loan and this was several years ago. Am I responsible for any part of this loan?

 

Answer:

It is always best to consult with an attorney in your state who is familiar with the laws of Mississippi.

However, usually your liability for the home will depend on your Decree of Dissolution.  If she was supposed to refinance the home and did not then you may have a cause of action against her for Contempt.  In addition most Judgments will have a provision in it that is called an “indemnification” clause.  That means that if your wife was responsible for the mortgage, defaults on it and you are damaged in any way you may be able to sue her.

You said you signed over the deed to the home.  Normally that is not enough.  That only takes your name off of the deed.  It does not take your name off of the mortgage.

 

Lisa Hansen is a Senior Attorney in the Kansas City office of Cordell & Cordell, where she practices domestic relations exclusively. Ms. Hansen is licensed to practice in the state of Missouri. Ms. Hansen received her Bachelors in Social Work from University of Nevada, Reno, her Masters in Social Work from University of Kansas, and her Juris Doctor from University of Missouri, Kansas City.

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