Can a wife be responsible for a new loan home loan in the event of divorce if she doesn’t sign it?

We’re seperated and I’m disabled so I can’t work.

Asked on April 12, 2017 under Family Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A loan is essentially a contract. Like any contract, it only binds people who agree to be bound; i.e. who sign it.  If the wife is not a signatory to the loan, she is not responsible for it. If she agrees to take responsibility, such as part of a divorce settlement or agreement, then she could likely refinance iton her her name; but again, she has to agree to bound.

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