Asked 2/28/2011
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Am I legally responsible? I want to be very specific here. I was married a year ago. My husband has a mortage on his home that is very upside down. He is ill and will probably not recover. My name is not on the loan. Am I legally responsible for the mortage or can I just walk away? He has very little life insurance. I have an job but cannot sustain this payment on my own. I do not want to file bankruptcy but will if I have to. Just want to understand what I may be facing. |
Answer 1/6 - Submitted 2/28/2011
I am not aware of any statutes that would make you responsible for a loan that you have not signed on. Obviously, if there were an estate to take from, the lender would have a stake there but there isn't. So, no...You cannot be held accountable for a loan you did not at some point put your signature on.
Answer 2/6 - Submitted 2/28/2011
No you are not responsible for the loan. The mortgage is in your husband's name and he alone is responsible for the loan amount. When he passes you can walk away from the home if you want to and do not have to worry about the mortgage company coming after you. Money left to you in insurance cannot be garnished by any form of collections. I am sorry to hear that you are going through such a difficult time. Worrying about the house in addition to your husband can be overwhelming.
Answer 3/6 - Submitted 2/28/2011
You are not responsible for the loan. I would suggest if he has any equity in the home sell it as is and find other accommodations that you can afford on your own. Speak with an estate attorney to find the best way to ensure you and your husband the best financial security and you the best situation after he passes. This will need an attorney to go over all the assets and suggest a best plan.
Answer 5/6 - Submitted 2/28/2011
I would research the law in the state you live in.
I wouldn't think you could be held responsible, but I would sure check into it.
I know that in my state, even though your name's not on the deed to property or a house, if you and your spouse divorce, you still get half of what the house or property is worth, because you are married. I would assume that debt works the same way, but I don't know.
That is the reason that I would make sure.
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